Increasing Legal Challenges to Increasing Legal Challenges to Science and Technology Science and Technology • Fingerprints • Fingerprints • Tool marks • Tool marks • Digital Image • Digital Image Enhancement Enhancement • Handwriting • Handwriting • Trace Evidence • Trace Evidence (Hairs; Fibers) (Hairs; Fibers)
Confluence of Events Confluence of Events Regarding Fingerprints Regarding Fingerprints • • Misidentifications have occurred ( US and Int’l) Mayfield, McKie McKie, , Misidentifications have occurred ( US and Int’l) Mayfield, Cowans Cowans • • Intense media scrutiny – – Science, The New Yorker, Chicago Science, The New Yorker, Chicago Intense media scrutiny Tribune, Boston Globe, Seattle Times, ABA Criminal Justice Tribune, Boston Globe, Seattle Times, ABA Criminal Justice • • NAS Forensic Science Committee convened and holding NAS Forensic Science Committee convened and holding hearings hearings • • State commissions being formed; state legislation State commissions being formed; state legislation • • Jurors expect to see the proper use of scientific evidence in Jurors expect to see the proper use of scientific evidence in order to have confidence in the evidence and the system order to have confidence in the evidence and the system • • CSI Effect CSI Effect • • Lawyers will not cease being advocates and testing expert Lawyers will not cease being advocates and testing expert testimony. There is a more educated defense bar testimony. There is a more educated defense bar • • Need to insure reliability of methodology and examiners Need to insure reliability of methodology and examiners
A Report on the Erroneous A Report on the Erroneous Fingerprint Individualization Fingerprint Individualization • Journal of Forensic Identification 706/54 • Journal of Forensic Identification 706/54 (6) 2004 (6) 2004 • Electronic images • Electronic images • IAFIS correlation • IAFIS correlation • Confirmation bias • Confirmation bias • Failure in the application of the ACE • Failure in the application of the ACE- -V V methodology methodology • Corrective actions taken • Corrective actions taken
Frye v. United States , 293 F. , 293 F. Frye v. United States 1013 (D.C. Cir. 1923) 1013 (D.C. Cir. 1923) • Must be sufficiently established to have • Must be sufficiently established to have gained general acceptance in the gained general acceptance in the particular field in which it belongs . . particular field in which it belongs
Daubert v. Merrell Dow Pharmaceuticals, Inc. , 113 S. Ct. 2786 (1993) The court must consider Judges have factors including, but not “gatekeeping” role. limited to: The court must assess 1. Tested and testable? whether the underlying 2. Peer review publication? reasoning or 3. Error Rate? 4. Standards? methodology is 5. Widespread acceptance? scientifically valid
Even if no Daubert Daubert/Frye hearing /Frye hearing Even if no is granted by court, all the same is granted by court, all the same issues/questions are fair game on issues/questions are fair game on cross- -examination examination cross
WEIGHT ACCORDED EXPERT WEIGHT ACCORDED EXPERT TESTIMONY TESTIMONY Jurors Perceptions of Jurors Perceptions of Fingerprint Evidence Fingerprint Evidence
Issues to Discuss Issues to Discuss • What information are judges using to determine that • What information are judges using to determine that fingerprint analysis/identification is a science? fingerprint analysis/identification is a science? • Is admissibility no longer a significant issue? • Is admissibility no longer a significant issue? • If not, how can we strengthen the methodology ? • If not, how can we strengthen the methodology ? • Will having statistical probabilities attached to • Will having statistical probabilities attached to fingerprint evidence strengthen the discipline and its fingerprint evidence strengthen the discipline and its utility in court? utility in court? • What other issues will the examiners be facing, e.g., • What other issues will the examiners be facing, e.g., challenges to education, board certification and other challenges to education, board certification and other qualifications? qualifications? • Are jurors demanding more evidence? What is the • Are jurors demanding more evidence? What is the effect on forensic science ( e.g., collection and effect on forensic science ( e.g., collection and analysis) and legal proceedings ( procedure and analysis) and legal proceedings ( procedure and presentation in court)? presentation in court)?
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