Meeting the fingerprint admissibility challenge in a post-NAS environment

Abstract

Since the release of the 2009 NAS report, the fingerprint community has been trying to come to terms with a new paradigm for presenting conclusions in court. Commonly used phrases have been deemed inappropriate and fingerprint examiners have been left unsure of what they should say. In June of 2010, I testified in a Daubert-style motion to exclude fingerprint evidence, in which NAS report concerns figured prominently. Following the hearing, my testimony was ruled admissible without limitations. This article discusses the issues that were raised and describes the ways in which I addressed them. It is hoped that this article will serve as a primer and reference for those who find themselves faced with similar challenges.