Fingerprint comparison evidence has been under sustained attack in the United States of America for the last number of years: Is the critique with regard to reliability sufficiently penetrating to warrant the exclusion of this valuable evidence?

• Published in: International journal of law, crime and justice Vol. 42; no. 1; pp. 54 - 70
• Main Author: de Villiers, Wium P.
• Format: Journal Article
• Language: English
• Published: Kidlington Elsevier Ltd 01.03.2014; Elsevier
• Subjects: ACE-V; Courts; Crime; Decision theory; Decisions; Defendants; Expert evidence; Experts; Fingerprint comparison evidence; Fingerprints; Individualization; Judicial Decisions; Pharmaceuticals; Printing; Reliability; Sociology; Sociology of law and criminology; Sociology of law and justice; U.S.A; United States of America; United States Of America; Fingerprint comparison evidence; Individualization; Fingerprints; Expert evidence; ACE-V; Comparison; Exclusion; Expert; Criticism; Jurisprudence; Reliability; Faithfulness
• ISSN: 1756-0616; 1876-763X
• DOI: 10.1016/j.ijlcj.2014.01.004

The decision in Daubert v Merrell Dow Pharmaceuticals 509 US 579 (1993) brought about renewed attention to and scrutiny of fingerprint comparison evidence in the United States of America. In terms of the decision courts were to act as the gatekeepers with respect to the admissibility of scientific expert evidence. This article describes these events and investigates the grounds upon which challenges were made to fingerprint comparison evidence in the courts, as well as the position that was taken by the courts. The article also considers the fundamental test for the admission of expert evidence, and whether the critique pointed out by the defendants in the cases with regard to reliability are sufficiently penetrating to warrant the exclusion of fingerprint comparison evidence.