Advances in Fingerprint Technology.pdf

Source of the Latent Print
The source of the latent print is also very critical. If the defense attorney can
illustrate to the jury that the defendant could have had legitimate access to
the object or area where the latent print was developed, he/she can effectively
dilute the weight of the latent print testimony. An example is if the latent
print was developed on an entrance door to the bank that had been robbed.
Obviously, anyone could legitimately touch an entrance door. If the latent
print is from the vault door of the bank, however, and the defendant is not
an employee of that bank, there is no legitimate reason for his latent print(s)
being present on the vault door.
Transcripts of Prior Testimony
The expert should review transcripts of any previous testimony given in the
case in which the expert is about to testify. If testifying in state or federal
court, testimony will be recorded. Defense attorneys will often examine previous
transcripts of expert testimony for any inconsistencies in the same area of testimony.
An example is in stated qualifications. If any inconsistencies are noted,
they can be used against the expert. If the expert does not satisfactorily explain
these inconsistencies, the jury may give less credit to the expert’s testimony.
Use of Books and Articles in Cross-examination
A defense attorney may attempt to cross-examine the expert from a book or
article. The defense attorney must initially establish the book or article as being
authoritative; this can be accomplished in any one of three following ways:
1. The easiest method is to have the expert admit that the book or article
is authoritative.
2. The judge may take judicial notice that the book or article is authoritative.
3. Another expert may testify that the book or article is authoritative.
(Of course, the defense attorney would not attempt to introduce the
article or book unless it contained statements contrary to the expert’s
testimony.)
When the defense attorney reads a quote from a book, the expert should
always ask to see the book unless personally familiar with the book. The
expert should then read the quote. This is absolutely necessary for the following
reasons:
1. The quote may have been taken out of context.
2. The quote may have been incomplete.
3. The publication may be outdated.