Under the microscope: legal challenges to fingerprints and DNA as methods of forensic identification1

Abstract

Suspects in legal cases can be identified by an ever‐growing list of novel methods. The most common techniques currently used include latent print and DNA analysis. Although standard fingerprinting entered the courtroom over a century ago, the admissibility of fingerprint evidence has undergone a period of intense scrutiny in the USA in recent years. In contrast, most challenges to DNA analysis as a science came during its inception in the late 1980s and early 1990s. Current challenges to fingerprint evidence attempt to discredit the science behind the theory whereas challenges to DNA evidence often bring into question the competency of the analyst. In either case, the lessons learned in various court systems give guidance for those implementing the newer emerging biometric identification technologies such as facial recognition systems, retinal scans and the like. The first section of this article deals with fingerprint analysis and recent challenges to fingerprint admissibility in US courts. The second section discusses the evolution of DNA analysis and relevant cases. The final section gives recommendations for emerging biometric technologies to follow to satisfy the standards set forth by the courts.