Is Fingerprint Identification Valid? Rhetorics of Reliability in Fingerprint Proponents’ Discourse

Abstract

Beginning around 1999, a growing number of scholars have claimed that validation studies for forensic fingerprint identification do not exist. This article revisits that claim by reviewing literature produced by proponents of fingerprint identification in response to that charge. It shows that fingerprint proponents employ rhetorical tricks in which they claim to address the validity question, but then subtly shift the question to ones that are easier to address. The article explores several different rhetorical strategies fingerprint proponents use to appear to be demonstrating validity, while in fact demonstrating other things. These include "the fingerprint examiner's fallacy" and "the casework fallacy." The inability of fingerprint proponents to refute the charge that validity studies are lacking is further evidence that the charge is, in fact, correct.

Scientific Evidence in Europe -- Admissibility, Evaluation and Equality of Arms

“…31 (Risinger et al, 1989;Risinger & Saks, 1996;Mnookin, 2001b). 32 (Cole, 2000(Cole, , 2001Mnookin, 2001a;Epstein, 2002;Imwinkelried, 2002;Sombat, 2002;Cole, 2003;Lawson, 2003;Mnookin, 2003;Saks, 2003;Benedict, 2004;Cole, 2004aCole, , 2004bSteele, 2004;Cole, 2005a;Schwinghammer, 2005;Zabell, 2005;Cole, 2006a;Meintjes-van der Walt, 2006;Cole, 2007;Haber & Haber, 2008;Mnookin, 2008;Haber & Haber, 2009). 33 (Steele, 2002 ;Schwartz, 2004Schwartz, , 2005Nichols, 2007;Schwartz, 2007).…”

Statistical Models for Assessing the Individuality of Fingerprints

“…Forensic evidence based on fingerprints was first challenged in the 1999 case of the U.S. versus Byron C. Mitchell [23] under the Daubert ruling, stating that the fundamental premise for asserting the uniqueness of fingerprints had not been objectively tested and its potential matching error rates were unknown. After the U.S. versus Byron C. Mitchell case, fingerprint-based identification has been challenged in more than 20 court cases in the U.S., see, for example, the U.S. versus Llera Plaza [25], [26] in 2002 and U.S. versus Crisp [24] in 2003; and [5] for additional court cases.…”

Statistical Models for Assessing the Individuality of Fingerprints

“…The best fitting mixture model (see (5) and (6)) was found for each finger for these three databases. Two types of statistical tests for checking the appropriateness of the mixture model (6) as a distribution on fingerprint minutiae were carried out.…”

“…After USA vs. Byron Mitchell, fingerprint based identification has been challenged in more than 20 court cases in the United States, see for example, United States vs. Llera Plaza [25], [26] in 2002 and United States vs. Crisp [24] in 2003; also see [5] for additional court cases.…”