Increasing Legal Challenges to Increasing Legal Challenges to - - PowerPoint PPT Presentation

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,

Misidentifications have occurred ( US and Int’l) Mayfield, McKie McKie, , Cowans Cowans

• Intense media scrutiny

Intense media scrutiny – – Science, The New Yorker, Chicago Science, The New Yorker, Chicago 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

• rder to have confidence in the evidence and the system
• rder 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 Frye v. United States, 293 F. , 293 F. 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 factors including, but not limited to: Judges have “gatekeeping” role. The court must assess whether the underlying reasoning or methodology is scientifically valid

• 1. Tested and testable?
• 2. Peer review publication?
• 3. Error Rate?
• 4. Standards?
• 5. Widespread acceptance?

Even if no Even if no Daubert Daubert/Frye hearing /Frye hearing 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 cross-

• examination

examination

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)?

The National Clearinghouse for The National Clearinghouse for Science, Technology and the Science, Technology and the Law Law www.ncstl.org www.ncstl.org

Assembles scientific, technological and Assembles scientific, technological and relevant legal authority in one resource with relevant legal authority in one resource with free access for all free access for all A Program of the National Institute of Justice, A Program of the National Institute of Justice, Office of Justice Programs, Office of Justice Programs, United States Department of Justice United States Department of Justice Cooperative Agreement 2003 Cooperative Agreement 2003-

• IJ

IJ-

• CX

CX-

• K024

K024

Information Available for Each Topic Information Available for Each Topic

• Agencies

Agencies

• Board certifying bodies

Board certifying bodies

• Books, Encyclopedias

Books, Encyclopedias and Treatises and Treatises

• Cases

Cases

• College and University

College and University Courses Courses

• Commercial Applications

Commercial Applications

• f Science/Technology
• f Science/Technology
• Conference Proceedings

Conference Proceedings and Abstracts and Abstracts

• Continuing Education

Continuing Education Courses Courses

• Dissertations

Dissertations

• Internet Articles

Internet Articles

• Law Reviews and Bar

Law Reviews and Bar Journals Journals

• Legislation

Legislation

• Newspapers, Magazines

Newspapers, Magazines and Periodicals and Periodicals

• Radio/Television Shows

Radio/Television Shows

• Scientific Journals

Scientific Journals

• SWGs

SWGs and and TWGs TWGs

• Web Sites

Web Sites