The prosecutor's misuse of scientific evidence to charge and convict has not been sufficiently examined. Courts and commentators critiquing abuses of scientific evidence in criminal cases rarely focus on the prosecutor's role in the process. Issues typically discussed are the questionable nature of the evidence, the controversial manner in which the evidence was acquired and tested, whether the expert arrived at her conclusions in a scientifically reliable manner, and whether the expert's courtroom testimony was false or misleading. The prosecutor's control over and manipulation of the scientific evidence to shape the fact-finder's evaluation of the facts and to persuade the fact-finder of the defendant's guilt usually escapes scrutiny.
Bennett L. Gershman, Misuse of Scientific Evidence by Prosecutors, 28 Okla. City U. L. Rev. 17 (2003), available at http://digitalcommons.pace.edu/lawfaculty/125/.