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Daubert Hearing

From the early days, with little literary reference material, to the current day, with substantially more, but still insufficient formation, the science of fingerprint identification has managed to maintain its credibility and usefulness. Although, academic institutions have yet to recognize the field as an applied science and include it in the curricula, which would provide directed research and literary reference, in libraries. Without this academic recognition, progress in the field of fingerprint is destined to be sluggish. Description of fingerprint identification as a forensic science or an ~app1ied science in no way implies that is not a reliable science. Fingerprint identification, correctly understood and applied, is just as scientifically valid and reliable as any other science and, indeed, more accurate than many. The fingerprint expert applies knowledge gained through training and experience to reach a conclusion. The many uses of fingerprint identification range from criminal investigation to non-criminal matters such as deceased, missing persons and disaster victim identification. Fingerprint identification has been used in the court systems for many years. Yet there are those who that still try to challenge fingerprint science and the experts in the court of law by a Daubert Hearing. In this paper, Daubert Hearing is define and detail outing background of the cases, the Government preparation, the Testimony from both sides, the judges verdict and finally, Mitchells second trial on this case.A Daubert Hearing is a term from a civil case entitled Daubert v.Merrell DowPharmaceuticals ,113s. Ct. 2786 (1993). This was the first such case to be brought to court challenging the science of fingerprints. The court accepts the admissibility of scientific evidence in Federal court, and many state and local jurisdictions have adapted to this. Dauberts opinion states that: the Federal Rules of Evidence superseded General Acceptance ...

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