How do courts determine if evidence is reliable and valid before allowing it into testimony?
What is the role of the Frye standard or Daubert standard in determining whether or not the courts will accept biometric evidence?
What rules does your state use in this regard?
How reliable is fingerprint evidence? Consider examples of its use in criminal courts.
How do other biometrics compare to the reliability and validity of fingerprint evidence?
What are some of the challenges associated with lower forms of biometrics, such as facial recognition, and acceptance as evidence in court?
What is the role of the expert witness related to biometric evidence in court?
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Due to the increased detachment of the approach, most global security organizations have embraced biometric identification advances. As such, it is easier for crime investigators to identify and use evidence related to human characteristics as left in the crime scene. However, the evidence collected requires an expert witness to evaluate and present the verifications. Despite the general acceptability tests for the biometric evidence, there exists the challenge of different professional opinions as presented by both the defendant and the plaintiff. Therefore, the court uses both rigid and flexible standards to evaluate the reliability of evidence before its application in the case progress. In addition, some biometric identifies offers more valid and reliable evidence than other. In 2009, Ashikhmin, Berdine, Morrissey, and Greggory undertook a research on the efficiency of the available biometric evidence where they concluded that fingerprinting in the reliable followed by other form such as vein identification and facial recognition (Ashikhmin, Berdine, Morrissey, & Greggory, 2009).
Definition of Biometric Evidence
According to Biometrics Science (2014), biometric evidence is a unique human characteristic, physical, or behavioral patterns, recoverable in a crime scene or any significant locations to help in the case appraisal. Since, 1950’s, most countries including USA has a countrywide biometric database that has the most unique attributes of the citizens used in individuals identification. In example, through pre-collected fingerprints of all the USA citizens, the police or scene investigators are able to identify any fingerprints left in a crime scene to identify the individuals who were in the scene before, during, or after the crime (Biometrics Science, 2014). Globally, fingerprinting is the most common form of biometric identification following the ease of access and multiple applications. Therefore, biometric evidence is a combination of all human and behavioral characteristics that are valid enough for case presentation as a proof of identification.
A. Advantages of Biometric Evidence
Following the increased high-level crimes, biometric evidence offers multiple advantages as applied in court processes. To begin with, biometric evidence helps to narrow down the case possibilities to a workable list of predictions. However, it is vital to understand that biometric evidence is not fool proof, nonetheless, despite the possible alteration of the evidence; the investigators can equally use it to make accurate estimations and find more facts. For instance, if a scene investigator receives contradicting identifications, he or she can use it to reconstruct the premeditated crime. In most cases, criminals plant biometric evidence of possible suspects to compromise the investigations. All the same, upon discovering the evidence is misleading, the investigators can still use it to pursue the real culprit. Secondly, biometric identifications, unlike the traditional forms of identifications offer a specific identification of a personage. The main tenet that enables the automated biometric systems to operate so effectively is the uniqueness of the targeted human patters. Therefore, any biometric data identifies a specific person as opposed to the range offered by most sources like cameras. In example, a camera can record the height of a criminal...