It is right. The given data is evidence of non-paternity.
Real fathers typically share both alleles. (I thank Sandy
Zabel for pointing out that this is an exaggeration. A little less
pithy but more accurate would be: Real fathers often (probability p+q,
where p, q are the probabilities of the child's alleles) are men both
of whose alleles are found in the child. So my original statement is
conditionally correct depending on whether you accept that a
Note that the situation is not even limited to motherless cases. If
In my opinion the evidence that the suspect contributed to the stain
profile should be larger than 1, not smaller.
Can you explain what happened in this special case ?
Mixture paradox
The same thing can happen with mixtures. Suppose a mixed DNA stain shows
four alleles at some locus, two of which are very common. The mixture is
alleged to be from the suspect and an accomplice who escaped. But if the
two alleles that the suspect shares with the mixture are both common
frequencies over 30% for example then evidence actually tends to
exonerate the suspect. To see the point intuitively it may help to reflect
that such a man could be a contributor to the mixture only if he has a
buddy of the rare type that could supply both of the rare alleles. A
more typical contributor would be a man who supplies at least one of
the rare alleles himself; it would be much easier to imagine that his
friend has the requisite complementary (common) alleles.
Example
Yesterday I calculated a mixed stain profile with the result that the
value for D21S11 was smaller than 1 (LR=0.372).
Case scenario Stain Alleles 28/29/30/31,2/32.2
Suspect 30 - homozygous
Prosecution hypothesis: Suspect plus 2 unknown persons
Defense hypothesis: 3 unknown persons.
The result that LR<1 is possible. It happens when the stain
includes so many common alleles that few people are excluded,
and the suspect has one or two quite common alleles. Hence,
it can actually be harder to find two "accomplices" of him
with the remaining (rare) alleles, than to find three random
people who fit all the alleles.
The evidence in such a situation is, in fact, in his favor.
Remember, his being included is not surprising. Almost everyone
is included. But he is in a sense "less included" than average
because he explains none of the interesting i.e. rare
alleles.
mixture exclusion
Note that the "exclusion" approach would be misleading
in a case like this one, falsely suggesting that the evidence implicates the suspect.
No wonder that the NRC II report commented
that the exclusion method is "very hard to justify."