Fingerprints Main Evidence Against You.

Yes, this kind of fingerprint evidence can potentially become the main evidence against you. While fingerprint evidence can establish contact without establishing when contact occurred and without establishing why someone touched an object or surface, this is just one of many uncertainties that can complicate its effectiveness in the courtroom.

For example, fingerprint evidence retrieved through a search of the AFIS database does not, by itself, prove that someone was involved in a crime; the database shows a similarity, at best, and it is up to the government to use this to show a connection that demonstrates criminal involvement. Fingerprint evidence also cannot by itself identify the time of an impression; in order to use fingerprint evidence in court, prosecutors may offer evidence bearing on when the fingerprint was left, but they need not prove that it was left at or around the time of the alleged crime.

Fingerprint evidence is also circumstantial in nature, meaning that while it can help build a case by connecting a person to a certain object or location, it does not itself describe criminal conduct. So, in addition to establishing the time, circumstances, and person involved, prosecutors must also establish a legally reliable chain of custody that shows that evidence was not tampered with after being collected.

These are just a few of the questions that need to be answered before fingerprint evidence can become the focal point of a federal case. So, while this type of evidence can present major challenges, the evidentiary value of fingerprints in court will depend on a number of factors:

• Timing;
• Transfer (or lack thereof);
• Collection;
• Comparison;
• Verification; and
• A legally reliable interpretation of the information.

What Does a Latent, Visible, Plastic, or AFIS Print Actually Establish?

A fingerprint is an impression that is left on a surface by a finger. These impressions consist of oil, sweat, and other biological materials. In criminal cases involving fingerprint evidence, forensic analysts will categorize impressions into different types:

• Visible prints. Visible prints occur when a finger is carrying a substance, such as dirt, ink, or oil, onto the surface it touches. These are a common form of fingerprint evidence in federal criminal cases.
• Latent prints. Latent prints are not immediately visible; however, forensic examiners can make them visible by using powders, chemicals, or other treatments. This is a common type of fingerprint evidence in federal criminal cases as well, and there are more latent prints than there are visible prints.
• Plastic prints. Plastic prints are three-dimensional impressions that are formed when a finger presses into a soft material, such as wax or soft plastic. Plastic prints are relatively rare, and they are the least likely type of fingerprint to be left on smooth objects.
• AFIS prints. AFIS stands for the Automated Fingerprint Identification System, which is a database of fingerprints used for automated searches. A search for a latent print will return a list of possible candidates that could have left that print, and these candidates are then manually examined. These examiners look for a match by comparing ridge patterns, shapes, and other distinguishing features of the latent print against those of the candidates. Once the examination is complete, the findings are then entered into a report which is entered as evidence in court.

As can be seen from the above, fingerprint evidence is far more complex than it may first seem, and it will be up to the evidence that is presented to a jury that will decide if the evidence is sufficient to establish criminal liability.

How Long Can a Fingerprint Remain Recoverable Under Real Surface Conditions?

The visibility of a fingerprint depends, in part, on the type of surface that receives the impression. While all surfaces that can be touched are, at least, capable of receiving an impression, it is the unique combination of properties of the surface and the substances carried by the finger that determines how well visible the resulting impression will be. Other factors involved in fingerprint evidence that, when questioned by a skilled legal team, have the potential to help put doubts into the minds of jurors include:

• Fingerprint’s age. Determining a fingerprint’s age is generally difficult. It is generally possible to establish a range of time within which a fingerprint was left; however, establishing the precise timing of when a fingerprint was left is far more difficult.
• Contamination. Fingerprint evidence can be prone to contamination both during its collection at the crime scene and while the evidence is being handled after collection.
• Secondary transfer. A person’s ridge impression can be transferred to a surface they have never touched. This is referred to as secondary transfer, and it can raise questions as to whether the presence of a fingerprint is sufficient to establish contact with an object or surface.
• Fingerprint persistence. Similar to fingerprint’s age, its persistence on a surface depends on a variety of factors. The type of surface is one factor, as are environmental conditions such as heat, light, and airflow. All of these factors affect how long a fingerprint remains on a surface, and how long it will be recoverable.

These are just a few of the examples of why it is not possible to conclude whether any piece of evidence was a sufficient piece of evidence to establish guilt beyond a reasonable doubt without the help of a dedicated defense team that can analyze the evidence and present its conclusions in court.

Spodek Law Group is one of the few firms running every filing, invoice and document through an online portal, which is how it takes cases outside New York.

When Does a Fingerprint Identification Meet the Court’s Reliability Test?

The so-called “twelve-point rule” is often cited in discussions about fingerprint evidence. This rule suggests that twelve corresponding points between two fingerprint impressions are sufficient for identification. However, as a rule of fingerprint identification, this rule is far from universal. Many practitioners describe twelve corresponding points as sufficient for identification; however, there is no source that established any single mandatory point threshold in all jurisdictions.

At Spodek Law Group, we refer to a variety of sources, and in the context of federal criminal cases, we often refer to the following:

• FBI Practitioners’ Manual, This manual mentions the twelve-point rule, and it refers back to practice, but it also refers to this practice as only a guideline.
• The Justice Manual (formerly the United States Attorneys’ Manual), This manual is also frequently cited, and it discusses forensic examination, the laws of the United States and their application to federal cases.

Ultimately, while there is no single court-mandated point threshold for identifying fingerprints in all federal cases, Rule 702 of the Federal Rules of Evidence governs the admissibility of expert testimony and opinion evidence. The language of Rule 702 is as follows:

Under Rule 702, an expert may testify if the proponent demonstrates to the court that it is more likely than not that the expert’s specialized knowledge will help the trier of fact and that the testimony is based on sufficient facts or data, is the product of reliable principles and methods, and reflects a reliable application of those principles and methods to the facts of the case. It says: Rule 702 provides that an expert may testify if the proponent demonstrates to the court that it is more likely than not that: (a) the expert’s scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or determine a fact in issue; (b) the testimony is based on sufficient facts or data; (c) the testimony is the product of reliable principles and methods; and (d) the expert’s opinion reflects a reliable application of the principles and methods to the facts of the case.

Rule 702 does not say that fingerprint evidence is an unreliable form of forensic evidence and that it will not be admitted as evidence. Rather, Rule 702 dictates that if fingerprint evidence is to be used, the expert testimony associated with it must be reliable and the application of a specific method must be reliable in relationship to the case’s particular facts and circumstances.

Which Collection, Comparison, and Examiner Records Can Expose a Weak Identification?

Some agencies have a practice of using a second analyst to verify an identification conclusion. However, the value of this verification is substantially diminished when the second analyst knows the first analyst’s conclusion, as that analyst is likely to find additional points of corresponding ridge features based on the first analyst’s conclusion. Fingerprint examiners, often unwittingly, will likely rely on their expectations to support the first analyst’s conclusion.

Additionally, if the evidence is used to establish that a known print belongs to a defendant, a gap in the chain-of-custody evidence can undermine this claim. This is especially true for known fingerprint cards, which, if used to establish a defendant’s known print, require proof of a link between the defendant and the unknown prints to be admissible.

Finally, blind analysis, which limits information available to the fingerprint analyst, can also be important. While blind analysis can reduce external influences on an analyst’s determination, it may also eliminate necessary contextual information from reaching an analyst’s eyes. These are just some of the issues that can undermine fingerprint evidence, and these issues make it crucial that you have the help of a criminal defense firm to evaluate fingerprint evidence if it has been used against you in a federal case.

At Spodek Law Group, our team uses this approach to defend clients charged with federal criminal offenses, and, if it serves our clients’ interests, any fingerprint evidence can be attacked or dismissed. If you are facing a criminal offense that could lead to a loss of liberty or other serious consequences, you need the experience of a criminal defense law firm on your side. Our defense lawyers can help in many different cases, and we can help you find out more information about the fingerprint evidence and its implications.

Where to Go From Here

If any of this describes your situation, the next step is a conversation rather than more reading. Spodek Law Group runs a fully online client portal and represents clients coast to coast, with offices in New York, Brooklyn, Queens and Los Angeles. The number is 888 348 8028.