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Advances in Fingerprint Technology.pdf

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Question: Are you tell<strong>in</strong>g this court that you have never told a lie?<br />

A suggested response is “Never while under oath.”<br />

Mannerisms of Speech<br />

Certa<strong>in</strong> speech mannerisms can be very damag<strong>in</strong>g. For example, the expert<br />

should not preface comments with, “I can truthfully say.” The implication is<br />

that the rest of the time the expert is not tell<strong>in</strong>g the truth. Double negatives<br />

or double positives (i.e., “No I did not” or “Yes I did”) are redundant and<br />

unnecessary. A simple yes or no suffices.<br />

Comparisons <strong>in</strong> Court<br />

If a request is made to conduct comparisons while <strong>in</strong> court, the expert should<br />

ask the judge for a recess and a room with adequate light<strong>in</strong>g where the<br />

exam<strong>in</strong>ation can be conducted <strong>in</strong> private. The expert should ask for more<br />

time than will probably be needed. This ensures that the expert will have<br />

adequate time <strong>in</strong> case the difficulty of the comparisons has been underestimated.<br />

The expert can use the extra time to organize his/her thoughts<br />

before retak<strong>in</strong>g the witness stand. Although the expert could have conducted<br />

the comparison <strong>in</strong> the courtroom <strong>in</strong> a matter of just a few m<strong>in</strong>utes,<br />

it is wise to request the time. A quick courtroom comparison may encourage<br />

the jury to conclude that the witness is careless and less than thorough<br />

and that anyone can conduct latent pr<strong>in</strong>t comparisons without difficulty.<br />

F<strong>in</strong>gerpr<strong>in</strong>t expertise is based on many years of tra<strong>in</strong><strong>in</strong>g and experience.<br />

To ma<strong>in</strong>ta<strong>in</strong> the <strong>in</strong>tegrity of the f<strong>in</strong>gerpr<strong>in</strong>t profession, the expert should<br />

always counsel the court and jury that the science of f<strong>in</strong>gerpr<strong>in</strong>ts is a<br />

profession requir<strong>in</strong>g exceptionally high levels of knowledge, skills, and<br />

abilities, which can only be atta<strong>in</strong>ed through experience, education, tra<strong>in</strong><strong>in</strong>g,<br />

and dedication.<br />

Discussion of Case<br />

The expert must be careful to discuss the case only with those persons who<br />

have a legal need to know. Those <strong>in</strong>dividuals <strong>in</strong>clude the expert’s supervisor<br />

and the prosecutor. Talk<strong>in</strong>g <strong>in</strong>discrim<strong>in</strong>ately can be disastrous: the person<br />

the expert talks to with<strong>in</strong> the courthouse could be a prospective juror. Dur<strong>in</strong>g<br />

a recess at the trial, the defense attorney may send his/her representatives out<br />

<strong>in</strong>to the hallways to observe and listen. If a member of the press or anyone<br />

else should ask the expert any questions, the expert should politely but firmly<br />

refer them to the prosecutor. Any statements that are given may be restated<br />

to improper persons, or even misstated. It is a sound policy to stand aloof<br />

from everyone except the attorney who reta<strong>in</strong>s you to testify.

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