Preview

Reasons Of Attack On Friction Ridge Evidence Analysis

Powerful Essays
Open Document
Open Document
1134 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Reasons Of Attack On Friction Ridge Evidence Analysis
Analysis of Reasons of Attack on Friction Ridge Evidence

In 1993, Daubert’s tests were introduced after the ruling of Daubert v. Merrell Dow Pharmaceuticals and used until now. It considers deeper on the evidential reliability. Under Daubert, Judges contribute more in the decision-making of the admissibility of scientific evidences. In Daubert and later cases, the Court explained that the federal standard includes general acceptance, but also looks at the science and its application. Trial judges are the final arbiter or “gatekeeper” on admissibility of evidence and acceptance of a witness as an expert within their own courtrooms.

Whenever there is hue and cry against an established system, then the first and foremost step anyone should
…show more content…
We need to analyze and discuss each of the “Daubert Factors” to understand the reasons of doubt on the acceptance of fingerprint evidence. The Daubert standard provides a rule of evidence regarding the admissibility of expert witness’ testimony during United States federal legal proceedings. Pursuant to this standard, a party may raise a Daubert motion, which is a special case of motion in limine raised before or during trial to exclude the presentation of unqualified evidence to the …show more content…
Curtis Joyner of the United States District Court for the Eastern District of Pennsylvania, upheld the admissibility of fingerprint evidence and rejected a challenge by the defense attorney to exclude that evidence in the case of United States v. Byron C. Mitchell, Criminal No. 96-00407. Judge Joyner ruled that the government can present expert testimony as to the fingerprint identification made of latent thumb prints found on the outside door handle and on the gear shift knob of the getaway car used in an armored truck robbery.

In particular, the Court found that fingerprint evidence is admissible under Rule 702 of the Rules of Evidence and the Supreme Court's decisions in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993) and Kumho Tire Company, Ltd. v. Patrick Carmichael, 119 S. Ct. 1167 (1999). The Court also agreed to take judicial notice in the case that:

1) Human friction ridges are unique and permanent throughout the area of the friction ridge skin including small friction ridge areas, and
2) Human friction ridge skin arrangements are unique and

You May Also Find These Documents Helpful

  • Satisfactory Essays

    Malone acknowledged that a hair sample is not considered the conclusive identifying evidence that a fingerprint…

    • 249 Words
    • 1 Page
    Satisfactory Essays
  • Satisfactory Essays

    Evidence found were Byron’s fingerprints in the getaway car. Later on the fingerprints were rejected by the defense attorney.…

    • 149 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    The Florida Supreme Court reversed; claiming that the evidence retrieved from Harris’ truck should have been suppressed. The court asserts that the reliability of a trained drug-detection dog is not itself a searched and…

    • 791 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Evidence at a crime scene, such as blood, DNA, fingerprints, or shoeprints all help forensic investigators determine what might have occurred and help identify or exonerate potential suspects.…

    • 1489 Words
    • 6 Pages
    Good Essays
  • Satisfactory Essays

    busa 2106

    • 1015 Words
    • 5 Pages

    1. The “preponderance of the evidence” standard used in civil cases is significantly higher than the “beyond a reasonable doubt” standard used in the criminal law.…

    • 1015 Words
    • 5 Pages
    Satisfactory Essays
  • Satisfactory Essays

    The Mayfield case is a textbook example of “false positive” fingerprint identification, in which an innocent person is singled out erroneously. But the case is hardly unique. Psychologist Erin Morris, who works with the Los Angeles County Public Defender's Office, has compiled a list of 25 false positives, going back several decades, that are now being used to challenge fingerprint evidence in US courts. Those challenges, in turn, are being fed by a growing unease among fingerprint examiners and researchers alike. They are beginning to recognize that the century-old fingerprint-identification process rests on assumptions that have never been tested empirically, and that the process does little to safeguard against unconscious biases of the…

    • 114 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    Class characteristics pair a characteristic to a whole group, while individual characteristics pair a characteristic to a single person.…

    • 576 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Both Daubert, and Kumho, make it clear that the day of the expert, who merely opines, and does so on basis of vague notions of experience, is over. Experts are now held to a level of accountability that requires factual predicates, in historical fact, or in competent evidence, which allows a factfinder to independently verify the accuracy of the expert’s results. Absent such reliable verification, the expert’s opinion is not admissible. Choudek’s failure to test his hypotheses in a reliable manner or to validate his hypotheses by reference to generally accepted scientific principles as applied to the facts of this case renders his testimony on the cause and origin of the fire unreliable and therefore inadmissible under Daubert and Federal Rules of Evidence 702 and 104.…

    • 211 Words
    • 1 Page
    Good Essays
  • Satisfactory Essays

    U5 9B

    • 316 Words
    • 1 Page

    1. What are some of the challenges with fingerprint evidence? What is science doing to make fingerprint analysis better?…

    • 316 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    Jurors should also know that if you have select evidence that guarantees the person, there should be no need to waste resources trying to find evidence that is not really needed. These shows are for entertainment purposes and dramatized to an extreme extent. It is also on a “fastfoward” to fit within the time frame of the show. In the show, it may take a few seconds or a maximum of a minute to get a result back on forensics where in real life it takes much longer. Not all fingerprints are in the database, therefore even if you found this so called scientific evidence, there was no saying if you would actually find a match.…

    • 895 Words
    • 4 Pages
    Good Essays
  • Better Essays

    The Casey Anthony Case

    • 652 Words
    • 3 Pages

    Anthony. The trial judge's opinions and rulings will never be subjected to appellate review. The case is, however, illustrative from a forensic science evidence viewpoint. The Vass "human decomposition odor analysis" testimony would clearly not be admissible under Daubert criteria. There are no standards; there has been no testing of his theory, no error rate determination has been even undertaken, and the theory is certainly not yet generally accepted in the scientific community. With that state of affairs, it would seem even less likely to be admissible in a Frye State. The judge's interpretation of Frye as only requiring that the instrumentation is generally accepted for conclusions from that data to be admissible is not a "generally…

    • 652 Words
    • 3 Pages
    Better Essays
  • Good Essays

    Mapp V Ohio

    • 316 Words
    • 2 Pages

    According to the Court’s decision, why may illegally seized evidence not be used in a trial?…

    • 316 Words
    • 2 Pages
    Good Essays
  • Satisfactory Essays

    Ap Government

    • 692 Words
    • 3 Pages

    | An exception to the Supreme Court exclusionary rule, holding that evidence seized on the basis of a…

    • 692 Words
    • 3 Pages
    Satisfactory Essays
  • Satisfactory Essays

    Kirby vs. Illinois

    • 488 Words
    • 2 Pages

    Law Argument: The court held that since the defendant in the current case was not formally charged with a crime when the identification process took place, the rulings of Wade and Gilbert do not apply here. The court ruled that the defendant had no right to the presence of an attorney in the current case because the police was just conducting normal investigation to solve an unsolved crime. The court further held that if the identification was "unnecessarily suggestive and conducive to irreparable mistaken identification", then the defendant could have claimed protection. But in the current case, the court found no such abuse of police power and the conviction was affirmed.…

    • 488 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    The current methods of fingerprinting that involve subjective comparison and matching of fingerprinting has led to disapproval of the method. Extensive testing has shown that the results of fingerprint testing are not valid (Schmalleger, 2011). Fingerprint matches are now being done by experts, those fingerprints that have been previously been examined to make identification of suspects were presented to the same experts in a different context and the results were different. Similarly, DNA evidence for identification of criminals has been marred by several problems. Surreptitious DNA collecting, presentation of partial DNA profiles, and fake DNA evidence; cast doubts on the DNA evidence presented in courts (Schmalleger, 2011).…

    • 593 Words
    • 3 Pages
    Good Essays