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The law of expert evidence has experienced significant recent developments. This presentation will discuss the recent amendment to Federal Rule of Evidence 702 (experts) and what we as criminal defense lawyers can do to take advantage of the amendment (especially when it comes to excluding government sponsored expert evidence). The presentation will also cover the recent Supreme Court decisions in Diaz v. United States (opinion on ultimate issue), and Smith v. Arizona (Confrontation Clause).
In 2003, the FBI's erroneous identification of Brandon Mayfield's fingerprint forever changed the latent print field. This error led to a wrongful arrest, while errors in the cases of Lana Canen, Beniah Dandridge, and the Marquette Park 4 led to wrongful convictions. These cases include important lessons for today's defense attorneys on latent print concepts. Dr. Glenn Langenburg and Eric Ray discuss the details of these cases and concepts related to fingerprint errors, AFIS searches, close non-matches, conflicting conclusions, fingerprint exclusions, and the importance of defense experts.
Presented by Eric Ray and Glenn Langenburg, certified latent print examiners, of the Double Loop Podcast
This page contains materials and information related to fingerprints.
What are the problems with fingerprint analysis? Justin Fahringer describes a recent Daubert hearing that included testimony by latent fingerprint examiners from two law enforcement agencies. The testimony revealed that many law enforcement agencies that employ latent print examiners have struggled to evolve and have continued to utilize stale and unreliable methods.
Most types of forensics lack the statistical backing that nuclear DNA tests have. Nonetheless, the general public believes that fingerprinting, for example, is as reliable or even more reliable than DNA testing. What should be the response in the courtroom?
Latent Fingerprint Evidence: Fabrication, Not Error Pat A. Wertheim
Full Title: The use of technology in human expert domains: challenges and risks arising from the use of automated fingerprint identification systems in forensic science. An article from Law, Probability, and Risk published by Oxford University on potential risks that may arise from using automated fingerprint identification systems.
A report by the National Institute of Standards and Technology on human factors in relation to the examination of latent prints and their interpretation as evidence.
A paper on the flawed aspects of some analysis techniques within forensic science and how to improve them, citing human bias as a confound to these methods.
Full Title: "Cognitive Issues in Fingerprint Analysis: Inter- and Intra-Consistency and the Effect of a ‘Target’ Comparison". A research paper that details potential cognitive fallacies in fingerprint analysis and comparison.
A PowerPoint presentation on fingerprint evidence and how recent scientific studies can be used to strengthen post-convication challenges to supposedly incriminating fingerprints.
