Justice denied anywhere diminishes justice everywhere Martin Luther King Jr.

1. �Justice denied anywhere diminishes justice everywhere � Martin Luther King Jr. Recently in a discussion with a defense attorney, I realized the attorney was not aware of the recent issues surrounding the fingerprint process and potential for error. Realizing an attorney needs to keep up with myriad of forensic disciplines, I decided to do a brief informational PowerPoint. I�m a strong proponent of fingerprints and Automated Fingerprint Identification Systems but I realize and understand that errors in fingerprint processing and Identification will occur. Errors can be the result of the Automated Fingerprint Identification System or the fingerprint examiner with a questionable or bad comparison. While discussions seem to center on a certification program as the way to reduce error and improve accuracy, as with most things, the issues and answers are more complex. The current adversarial judicial process is the most effective tool in minimizing the number of inaccurate identifications. Unfortunately the adversarial judicial process is not utilized as much as it could be resulting bad/missed identifications. Agency administrators and examiners often look at missed identification as not as serious a problem as a bad identifications, this is a mistake. I explain later in this presentation how a missed identification can be as devastating to a case as a bad identification. This presentation is designed to provide information on what a trial lawyer should consider when confronted with a case involving fingerprints or a questioned criminal history.

2. Latent Facts Average size of a latent fingerprint fragment about 20% of a full fingerprint. Typical latent fingerprint has between 15 and 35 minutiae (points of identification). Typical inked fingerprint contains between 75 and 175 minutiae (points of identification). latent images recovered from crime scenes are of poor clarity, increasing the likelihood of mistaking the type of minutiae being observed. 30% of crime scenes have usable latent images. 30% of the images from a crime scene are palm images. A palm print has approximately 800 minutiae (points of identification). 20% of identifications at local lab's are now generated by the automated fingerprint search system. Latent search accuracy can be as low as 54% on a large database, to mid 80% with good image clarity under controlled conditions.

3. Possible causes of Error found in the Fingerprint Process Erroneous Bad Identification : Examiner just makes a bad decision. Analysis, Comparison, Evaluation and Validation (ACE-V) procedure not followed. Confirmation Bias. Identification based on to few minutiae for the clarity of the image. Inexperienced, poorly trained or part-time latent examiner. Reluctance of latent print unit to document the characteristics used in the examination. Questionable Identification: Analysis, Comparison, Evaluation and Validation (ACE-V) procedure not followed. Peer Investigative pressure Confirmation Bias. Identification based on to few minutiae for the clarity of the image. Inexperienced, poorly trained or part-time latent examiner. Reluctance of latent print unit to document the characteristics used in the examination. Latent not thoroughly searched in automated fingerprint system. Procedure not followed or lack of policy and procedure. Inexperienced, poorly trained or part-time latent examiner. Missed Identification: Procedure not followed or lack of policy and procedure. Suspect checked by unqualified latent examiner. Inexperienced, poorly trained or part-time latent examiner. Automated search system database search images: Procedure not followed or lack of policy and procedure. Criminal History contains erroneous criminal events: Procedure not followed or lack of policy and procedure. Examiner just makes a bad called. Many agencies do not use double verification on arrest card processing. Lights out functionality not properly applied. Identification based on to few minutiae for the clarity of the image. Inexperienced, poorly trained or part-time fingerprint examiner. Latent image processing: Procedure not followed or lack of policy and procedure.

4. Erroneous Identification Causes: Examiner just makes a bad called. Analysis, Comparison, Evaluation and Validation (ACE-V) procedure not followed. Confirmation Bias Identification based on to few minutiae for the clarity of the image. Inexperienced or part-time latent examiner Reluctance of latent print unit to document the characteristics used in the examination Prior to the automated fingerprint systems, law enforcement agencies that had unidentified latent images would file them away in case folders. Agencies had no way to search these unidentified latent images. Today the automated systems are searching these unidentified latent images against databases containing as many as 600 million fingerprint images. The systems are producing a large number of identifications in addition to the identifications the system is producing a large number of false positives. The false positive suspects being produced often have minutiae (points of identification) which are quite similar in type and orientation to the latent being searched. When you factor in the lack of clarity and distortion, you can understand why you are seeing more erroneous identifications. The question that comes to mind should be how many bad identifications are not being discovered and corrected. The challenging comparisons associated with the automated latent fingerprint searches require the latent examiner to be highly skilled and experienced. In the Mayfield case the FBI examiners felt they had 10 features in the latent that formed a constellation of points that was generally consistent with the constellation of points in the known fingerprints of both Mayfield and Daoud. Mayfield was a suspect generated by the FBI automated fingerprint search system. As is clear below the latent image lacked clarity and there was distortion. FBI procedure required they analyze, compare, evaluate and validate (ACE-V) before declaring an identification. Four (4) experienced latent examiners made an erroneous call. This latent ,as with many that are brought to court, required the examiner make a subjective decisions on minutiae based on training and experience. These more challenging afis comparisons do benefit public safety but we need to insure that it is evaluated by an unbiased experienced latent examiner to minimize the chance of error. Point to remember, if the Spanish examiners had not identified the latent print to another individual, Mayfield would have been convicted, based on the fingerprint evidence.