Crime Scene Investigator Network Newsletter

MARCH 2007

Welcome to the March 2007 Crime Scene Investigator Network Newsletter

Fingerprints — A True Science?

copyright ©2007 from the book
Courtroom Testimony for the Fingerprint Expert, 2nd Edition

Gary W. Jones
Gary W. Jones Fingerprint Services
FBI Supervisory Fingerprint Specialist (retired)

As most in the fingerprint community are aware, the very foundation of fingerprint identification was challenged in 1999 in United States v. Byron C. Mitchell, Criminal No. 96-00407. It was alleged that the defendant Mitchell’s fingerprint was found on the getaway car used in an armored car robbery. This case was significant in that it was the first challenge as to the validity of fingerprint identification in light of the standards for expert testimony as set forth in the 1993 United States Supreme Court decision in Daubert v. Merrill Dow Pharmaceuticals, 509 U. S. 579, 588 (1993) in which the court discussed four basic factors in regard to scientific testimony: (1) Testing (2) Peer review (3) Error rates and (4) Acceptability in the relevant scientific community. Trial judges were also given the responsibility of being gatekeepers to bar junk science from entering the courtroom.

This case resulted in a “Daubert Hearing” to determine the validity of the defendant’s claim that there was no scientific basis for the assertion of individuality in the matching of fingerprints and that therefore the fingerprint identification from the getaway car was scientifically invalid. The government presented a number of fingerprint experts and scientists to argue for the scientific validity of fingerprints. On September 13, 1999, after hearing from both the Government and defense witnesses, the Honorable J. Curtis Joyner of the United States District Court for the Eastern District of Pennsylvania upheld the admissibility of fingerprint evidence and rejected the challenge by the defense attorney to exclude that evidence.

Most importantly, the court took judicial notice of two factors:

Human friction ridges are unique and permanent throughout the area of friction ridge skin including small ridge areas.
Human friction ridge skin arrangements are unique and permanent.

The court did not take judicial notice of the third requested factor: Individualization, that is, a positive identification can result from comparisons of friction ridge skin or impressions containing a sufficient quality (clarity) and quantity of unique friction ridge detail. The court ruled that this is an issue for the jury to decide. The fingerprint science is valid, but that does not preclude the defense from presenting expert testimony challenging a particular identification—which is the way it has always been.

The Daubert court cited Federal Rules of Evidence 702 which permits scientific testimony by witnesses who are qualified by knowledge, skill, experience, training or education. It also requires evaluation of the expert’s qualifications, the scientific validity of the expert’s field of knowledge and the conformation of the expert’s testimony to the specific issue in the trial before testimony is allowed.

Consequently, issues such as error rate, knowledge of accepted methodology, and use of accepted methodology are important to being able to present testimony as an expert.

< read the complete article >

< learn about Courtroom Testimony for the Fingerprint Expert, 2nd Edition >

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New CSI and Forensic Job Announcements

Forensic Specialist | Ontario, California Police Department
Final Filing Date: March 30, 2007
Salary: $3,736 - $4,587 per month
This position performs technical work dealing with the identification, collection, and preservation of physical evidence; documents crime scenes through observation, photography, video recording, diagrams and reports; and performs other related work as necessary.
<View complete job listing>

Digital Forensics Specialist | Durham, North Carolina Police Department
Final Filing Date: April 7, 2007
Salary: $40,915 - $61,671 per year
Responsible for a variety of highly specialized forensic examinations on seized digital evidence in computer related investigations; collects, processes, preserves, analyzes, present and archive computer-related evidence including data retrieval, password recovery, and finding deleted and/or hidden information; executes verification tests of forensic software and hardware, and methods to independently validate functionality; generates reports of findings to use in the prosecution of criminal offenses; testifies in court on cases involving computer-related evidence. Individual operates in a multi-jurisdictional environment at the local, state and federal level in cooperation with investigators in other departments. Gathers evidence utilizing video capture and maintenance of the video capture equipment/software. Provides training and performs general technical duties in support of the Durham Police Department. Work is performed under the general supervision of the Forensic Supervisor.
<View complete job listing>

Photographic Services Supervisor | Seattle, Washington Police Department
Final Filing Date: April 8, 2007
Salary: $23.73 to $27.69 per hour
Supervise and direct the Senior Photographers and Administrative Assistant in providing photographic support to the Seattle Police Department (SPD). Oversee the production of police photographs using conventional and digital equipment. Monitor equipment and ensure consistent routing, screening and delivery of all photographic job requests. Assign priorities and make follow-up calls to ensure proper procedures are maintained and to control work performed. Use Adobe Photoshop and Adobe Illustrator to produce investigative documents. Set up and maintain department’s digital booking photographs of persons arrested by the department, implement and monitor programs for digital photographs, control access by case detectives and overall security, and present photographs for court usage. Custodian of all SPD crime scene negatives. Agency administration of the Jail Electronic Mug System (JEMS). SPD representative for JEMS multi-agency users group. Manage project budget including contract management. Monitor 25 SPD JEMS stations for compliance with procedures and guidelines of the King County Department of Adult & Juvenile Detention (KCDAJD). Perform lab functions during backlogs or absence of personnel. Order and inventory all supplies, photographic film, processing chemicals, printing paper and process control items. Digital supplies include dye-sublimation paper, toners, card stock and digital storage media. Maintain film and digital evidence submitted by sworn personnel and maintain Booking of Arrest Mug negatives for KCDAJD. Develop and submit the bi-annual unit budget and the bi-annual Jail Electronic Mug budget.
<View complete job listing>

Forensic Specialist | Downey, California, Police Department
Final Filing Date: Open until filled
Salary: $4,289 - $5,314 per month
Respond to crime scenes to search for evidence such as fingerprints, footprints and other physical and trace evidence; take photographs of crime scenes, traffic collisions, suspects, or evidence; collects and preserve evidence, including chemical processing; take physical measurements and diagrams for criminal and non-criminal cases; identify and compare fingerprints and palm prints; prepare exhibits and testify in court as to fingerprint/palm comparisons and evidence collection; use and operate a video camera and equipment when necessary at crime scenes and for miscellaneous public relations and training purposes; search the Automated Fingerprint Identification System (AFIS) to identify latent prints; and, perform other related duties as assigned.
<View complete job listing>

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Several certificate and degree programs are available online including Criminal Investigation (CSI), Forensic Psychology, Forensic Nursing, Economic Crime Investigation, and others. Check the listings on the Crime Scene Investigator Network and receive free information regarding these online programs.

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CSI In The News

<Frustration with Contra Costa Crime Lab Mounts>
The criminalists and crime scene investigators of the sheriff’s department are nationally recognized for their high standards and quality performance, but their department is drowning in mounting caseloads, according to a scathing grand jury report today.
KCBS

<DHS, Secret Service to open computer forensic institute>
High-tech training is increasingly important for police officers, detectives, and federal agents as crime continues its migration onto the electronic byways of the Internet. Unfortunately, the level of training offered to law enforcement is "diverse," as the Secret Service delicately puts it. To better educate US crime fighters, the Service has announced the creation of the National Computer Forensic Institute to provide training and forensic services to officers from across the country.
Ars Technica, by Nate Anderson

<Outdoor forensic study site considered>
It would be one of California's most distinctive laboratories. Researchers would trek into grassy meadows or up wooded slopes, collecting insects from corpses, weighing remains or taking time-lapse photos to document the final descent of a human body into decay. Police officers might prowl nearby, training cadaver dogs or learning about evidence collection.
The Sacramento Bee, By Carrie Peyton Dahlberg

<DNA samples could be the fingerprints of the future>
Felons in South Carolina by law must give a DNA sample after they've been convicted. If a proposed law is passed in the state, even people just arrested would have to submit their DNA. It's an idea that some call unconstitutional, but police officers and prosecutors say will get criminals off the streets.
WPDE ABC TV News Channel 15 Myrtle Beach, Florence SC News

<CRIME SCENE: Students use forensics to solve crimes>
The popular CBS drama "CSI:Miami" kicked off in 2004. But in 1997, Kenneth Furton had already founded FIU's International Forensic Research Institue - the only program in the nation that has full accreditation for its undergraduate certificate and graduate degree programs, and currently has over 80 students registered.
The Beacon--Florida International University, By Khadija Harris

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