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Daubert Hearing

have been accepted and used in the United Stated courts since the early 1900s e.g.. People v. Jennings, 252 111. 534, 96 N.E. 1077 (1911). In 1924, the FBI began using fingerprint to maintain fingerprint of criminals and in 1933 began conducting latent print examinations to support criminal investigations. Again, the government showed the overpowering evidence of this acceptance: for over 100 years, there have never been found two different persons to have the same fingerprint. Various surveys and exhibits were shown which confirmed the overwhelming acceptance of fingerprint science. Statistical data studies as far from the late 1800s and early 1900s, many individuals have attempted to develop a statistical model and calculate the probability of two fingerprints having the friction ridge arrangement. The FBI had done their own statistical analysis of its approximately 35 million automated criminal ten-print fingerprint repository. This was presented in the hearing. The defense on the other hand, disagreed with all the above arguments. The defense said the statistical models were flawed and maintained, noting that none had been empirically tested. The argument about twins did not address the problem of forensic identification namely whether fragments of two different fingerprints might accidentally match.The Daubert hearing failed to strike down fingerprint by persuading the judge to bar expert testimony against the scientific standing of fingerprint; the prosecution effectively won the Daubert hearing. The judge granted the governments request to admit latent fingerprint examiners testimony under Fer. R. Evid. 702 and the Supreme Courts holdings in Daubert and Kumho. Also granted was the concept that human friction ridges are unique and permanent and the arrangements are unique and permanent. Positive identifications can result from comparisons of friction ridge skin or impressions containing sufficient quality (clarity) and quantity of...

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