Detail Archives    Discuss This Issue    Subscribe to The Detail Fingerprint News Archive       Search Past Details

G o o d   M o r n i n g !
via THE WEEKLY DETAIL
 
Monday, December 11, 2006

 
The purpose of the Detail is to help keep you informed of the current state of affairs in the latent print community, to provide an avenue to circulate original fingerprint-related articles, and to announce important events as they happen in our field.
_________________________________________
__________________________________________
Breaking NEWz you can UzE...
compiled by Jon Stimac

Sheriff's Deputy was Investigative Pioneer DAILY BREEZE, CA - Dec 8, 2006 ...Howard Specks was a pioneer in the field of latent prints and crime scene investigations...

'88-90 Triple Killer Finally Nailed NEW YORK POST, NY - Dec 7, 2006 ...it took 15 years to track down individual for fatally stabbing three teenage girls in The Bronx...

Police Led to Murder Suspect by Fingerprint INDEPENDENT ONLINE, SO AFRICA - Dec 7, 2006 ...fingerprint found on the door of vehicle led police to alleged killer...

Need for Automated Fingerprinting Increasing GCN.COM - Dec 5, 2006 ...state and local government spending on AFIS technologies will reach $160 million by 2010...

__________________________________________
Recent CLPEX Posting Activity
Last Week's Board topics containing new posts
Moderated by Steve Everist
Blood Spatter Battle of the Experts in Indiana
John Vanderkolk 154 10 Dec 2006 05:09 pm

John's Quote about Confidence and Probabilities
g. 901 09 Dec 2006 12:09 am

What are they teaching in our colleges????
Angie 99 08 Dec 2006 08:22 pm

"Iris scan is more accurate than a fingerprint"
Jan LeMay 221 06 Dec 2006 12:10 pm

SCIENCE IN THE COURTROOM FOR THE 21ST CENTURY:
charlton97 172 05 Dec 2006 05:00 pm

Internship in Forensic Science
speer3 346 05 Dec 2006 02:36 pm

Fingerprints is art....ask Di Vinci!!
charlton97 1107 05 Dec 2006 02:24 am

Brandon Mayfield Award $2 Million
Steve Everist 308 04 Dec 2006 12:30 pm

Testifying on a digital-only fingerprint image.
Cindy Rennie 305 04 Dec 2006 12:09 pm

(http://clpex.com/phpBB/viewforum.php?f=2)
 

 
UPDATES ON CLPEX.com


6 new Smiley's on the Smiley Files page!  Thanks as always to Bill Wolz, the Smiley Czar.  Contact Bill if you have a contribution to the Smiley Files.  Just so people know... your Smiley's get noticed far and wide... on a recent trip to an un-named DoD facility, I visited with the wife of a deployed contractor who has a smiley from our files hanging in her cubicle.  Some latent print labs hang their favorites on the walls.  Keep up the good cheer and spread a smiley!

I also updated the Detail Archives.

_________________________________________

Last week

we read one of the recent CLPEX forum threads on the Latent Print Community.

This week

Cindy Rennie brings us applicable notes to latent print examiners from the recent ABFDE seminar.

_________________________________________
Judicial Expectations in Daubert/Frye Hearings
Presented by The Honourable Judge Stephanie Domitrovitch, Ph.D., Erie County, Pennsylvania

**********************************

Judge Domitrovitch began her discussion by noting that the courts have always viewed science as an ally in the search for the truth. The worlds of law and science have been linked since Archimedes used the first law of hydrostatics to prove that the royal goldsmith was adulterating the gold content of the crown.
Modern judges measure the credibility of the testimony of proposed expert witnesses against the standards established in cases such as FRYE and DAUBERT.

The decision in FRYE v. US allows testimony from an expert witness provided that: (1) the testimony is sufficiently based upon reliable facts or data; (2) the testimony is the product of reliable principles and methods; and (3) the witness has applied the principles and methods reliably to the facts of the case.
The decision in DAUBERT v. MERRELL DOW outlined five criteria to be used to establish the scientific basis of a discipline before an expert can testify as to their findings: (1) can the theory be tested; (2) is it subject to peer review and publication; (3) what is the known or potential rate of error; (4) what standards control the operation of the technique; and (5) does it have widespread acceptance in the relevant scientific community.

Judge Stephanie (as she prefers to be called) outlined the kinds of questions that she would like to hear answered when presiding over a Daubert/Frye hearing.

Under FRYE:

(1) Is the underlying reasoning or methodology scientifically valid?;
(2) Can it properly be applied to the facts?


Under DAUBERT:

(1) Testing: Can the theory be tested? Was it tested? How? Who conducted the test? What methods were used? How was the data collected? Was the sample size large enough to be statistically significant?

(2) Peer Review: Who reviewed the tests and data? Were there true “peer review” journals? Did the Board of Editors scrutinize and test the theory before publishing? Was it an “informational exchange” journal? Was the article published without the contents being tested? Are there journal articles critical of the process or methodology?

(3) Error Rate: What is the rate of error? Was it statistically significant? What is the rate of ‘acceptability’?

(4) Standards: What standards control the operation of the technique?

(5) General Acceptance: (also known as a ‘Frye test’) Are the principle and methodology generally accepted by the relevant scientific or technical community?

Judge Stephanie believes that judges, lawyers and expert witnesses need to be educated in each other’s line of reasoning and mode of communication. Judges should be familiar with the issues and concepts raised in FRYE and DAUBERT and take a more active role in deciding if expert testimony should be admitted. If necessary, the judge should question the expert witness themselves or seek the advice of an independent expert to ensure that the witness is qualified and the testimony offered by that witness is reliable.

_________________________________________
The Paradigm Shift in Forensic Science
Presented by Jan Seaman Kelly, Forensic Document Examiner, Las Vegas Metropolitan Police Forensic Laboratory

Jan described a paradigm shift in Daubert/Frye hearings as they relate to testimony regarding questioned documents and forged handwriting. She noted that many of her comments can be applied to expert witnesses in other fields, such as firearms, tool marks, and latent prints.

Jan began by outlining the duties of the various players in the courtroom. The Judge oversees the proceedings and ensures that the trial follows set procedures. It is the Judge who decides if certain evidence, including expert testimony, will be admitted. Presiding judges want assurance that the proffered expert and the discipline are both reliable, and that the testimony of the expert is based on tested scientific methodology.

The prosecutor presents the case to the judge (and jury, if there is one) by way of direct testimony and cross-examination of witnesses. It is the duty of the prosecutor to ensure that the testimony given by the expert witness establishes the fact that the methodology used and the conclusions reached by the witness are based on principles of science.

The Defense counsel represents the interests of the accused, and may challenge the qualifications of the expert, the methodology used to reach their conclusions, and/or the scientific foundations of their findings.
The expert witness should be a neutral spokesperson for the evidence. It is the duty of the expert witness to ensure that their testimony establishes that the methodology used and the conclusions that they reached are based on principles of science.

The credentials of the expert include their education, experience, training, performance in Certification and Proficiency tests; memberships in related organisations, and the results of any case peer reviews that they have undergone.

The methodology referred to follows the Daubert model. The expert should be able to show how the process has been tested, reviewed, accepted in the scientific community, what standards control the process and what the known or potential error rate is.

Reliability is demonstrated through testing, but how much testing is required, and what format should the tests take? Surveys of judges have shown that ‘proficiency testing’ is the most popular gauge of the reliability of a witness, followed closely by ‘case peer review’.

Groups such as The Forensic Science Foundation and the Proficiency Advisory Committee of the C.T.S. (Collaborative Testing Services) recommend that a nationwide program of continuous proficiency testing of crime labs be established and administered by a peer group; that future test programs should contain a provision to render technical assistance; and that a series of workshops be set up to address education and training needs.
 
Jan noted that the proficiency testing programs are not without controversy. Some laboratory directors questioned whether the research findings would have an adverse effect on their laboratories, while others felt that the design of the research project did not concentrate on assuring the precision or accuracy of data collection*.

Jan believes that proficiency tests should be used as a guide to pinpoint weak or problem areas so that organizations can direct their training accordingly. Different avenues of testing should be explored, and partnerships with academic researchers should be maintained and nurtured to ensure cooperation between the worlds of forensic scientists, academia, and the court system.

_____________________________________________________________________

Feel free to pass The Detail along to other examiners.  This is a free newsletter FOR latent print examiners, BY latent print examiners. There are no copyrights on The Detail (except in unique cases such as this week's article), and the website is open for all to visit.

If you have not yet signed up to receive the Weekly Detail in YOUR e-mail inbox, go ahead and join the list now so you don't miss out!  (To join this free e-mail newsletter, enter your name and e-mail address on the following page: http://www.clpex.com/Subscribe.htm  You will be sent a Confirmation e-mail... just click on the link in that e-mail, or paste it into an Internet Explorer address bar, and you are signed up!)  If you have problems receiving the Detail from a work e-mail address, there have been past issues with department e-mail filters considering the Detail as potential unsolicited e-mail.  Try subscribing from a home e-mail address or contact your IT department to allow e-mails from Topica.  Members may unsubscribe at any time.  If you have difficulties with the sign-up process or have been inadvertently removed from the list, e-mail me personally at kaseywertheim@aol.com and I will try to work things out.

Until next Monday morning, don't work too hard or too little.

Have a GREAT week!