tests for admissibility of novel scientific evidence. Prior to the Daubert hearing from 1923 until 1993 the rigid general acceptance test, which arose from Ftye v. United States, 293 f2d. 1013 (D.C. Cir. 1923) is at odds with the liberal thrust of the Federal Rules of Evidence. It is the trial judge that must still screen scientific evidence to ensure it is relevant and reliable to be used in the court of law. The focus, of courts, must be solely on principles and methodology, not on the conclusions they generate. The court should consider factors but by no means exclusive criteria in fulfilling its responsibilities by 1) Testing and validation of the theory or technique and what are the results 2) Has peer review being done on the theory or technique or publication on such result. 3) What is the known rate of error or potential on the theory or technique, and 4) what is the general acceptance or widespread acceptance of this theory or technique.In 1998 the attorneys for Byron Mitchell file a Daubert Hearing Fingerprints. United Stales of America V Byron C. Mitchell in the United Stated District Court for the eastern District of Pennsylvania, Criminal No. 96-00407. This case goes back to 1991 when armed robbery of an armored truck by two subjects with a third subject waiting in a get-away vehicle. Gunfire was exchanged in the robbery and $20,000 was stolen. The (getaway vehicle was dumped in exchange for second vehicle. Mitchell was said to be the driver of the getaway vehicle although not seen armed and did not take part in the actual robbery. The government had strong evidence against him. An anonymous witness left two notes in the first vehicle: each note identifying the color and tag number of the vehicles. The second vehicle was located and belonged to the girlfriend of one of the suspects. The officers processed the first vehicle for latent prints. The result of this found two latent fingerprints identified to that of Mitchell.Dur...
