Faculty Journal Articles and Book Chapters

Abstract

There is a fingerprint crisis in the courts. Judges and jurors regularly convict criminal defendants based on fingerprint evidence, but there are serious questions about the accuracy and reliability of this evidence. The few studies delving into the accuracy and reliability of fingerprint examiners’ work suggest a high error rate and demonstrate that, when faced with the same prints under different conditions, fingerprint examiners frequently reach different results than they previously reached. Further, there is no scientific basis for fingerprint matching. It is unknown whether and to what extent fingerprints are unique; the degree to which fingerprints change under various forces relevant to the creation of latent fingerprints remains a mystery; and computerized fingerprint matching algorithms are even less successful than the questionable subjective matching methods of fingerprint examiners. This Article charts a scientific escape from the debacle, explaining that lawyers must work hand-in-hand with scientists to determine whether they can build a scientific foundation for fingerprint evidence. Detailed research on the uniqueness of fingerprints, the biomechanics of touch, and computerized matching algorithms is central to this endeavor, and more robust studies about fingerprint examiners’ accuracy and reliability could also be useful. If researchers pursue these four tracks of essential research, courts can dig their way out of this existing fingerprint crisis.

Publication Title

University of Illinois Law Review

Document Type

Article

Keywords

fingerprints, AFIS, ACE-V, forensic science, evidence, criminal law, criminal procedure, scientific research

Included in

Law Commons

Share

COinS
 
 

To view the content in your browser, please download Adobe Reader or, alternately,
you may Download the file to your hard drive.

NOTE: The latest versions of Adobe Reader do not support viewing PDF files within Firefox on Mac OS and if you are using a modern (Intel) Mac, there is no official plugin for viewing PDF files within the browser window.