Skip to content

Battling to a draw: Defense expert rebuttal can neutralize prosecution fingerprint evidence

Journal: Applied Cognitive Psychology
Published: 2021
Primary Author: Gregory Mitchell
Secondary Authors: Brandon L. Garrett

The present study examined whether a defense rebuttal expert can effectively educate jurors on the risk that the prosecution’s fingerprint expert made an error. Using a sample of 1716 jury-eligible adults, we examined the impact of three types of rebuttal testimony in a mock trial: (a) a methodological rebuttal explaining the general risk of error in the fingerprint-comparison process; (b) a new-evidence rebuttal concluding the latent fingerprint recovered in this case was not suitable for use in a comparison; and (c) a new-evidence rebuttal excluding the defendant as the source of the latent fingerprint. All three rebuttals significantly altered perceptions of the prosecution’s fingerprint evidence, but new-evidence rebuttals proved most effective. The effectiveness of the rebuttals depended, however, on whether jurors were more concerned about false acquittals or false convictions.

Related Resources

What’s in a Name? Consistency in Latent Print Examiners’ Naming Conventions and Perceptions of Minutiae Frequency

What’s in a Name? Consistency in Latent Print Examiners’ Naming Conventions and Perceptions of Minutiae Frequency

Fingerprint minutia types influence LPEs’ decision-making processes during analysis and evaluation, with features perceived to be rarer generally given more weight. However, no large-scale studies comparing examiner perceptions of minutiae…
Shifting decision thresholds can undermine the probative value and legal utility of forensic pattern-matching evidence

Shifting decision thresholds can undermine the probative value and legal utility of forensic pattern-matching evidence

Forensic pattern analysis requires examiners to compare the patterns of items such as fingerprints or tool marks to assess whether they have a common source. This article uses signal detection…
The Contribution of Forensic and Expert Evidence to DNA Exoneration Cases: An Interim Report

The Contribution of Forensic and Expert Evidence to DNA Exoneration Cases: An Interim Report

This report is from Simon A. Cole, Vanessa Meterko, Sarah Chu, Glinda Cooper, Jessica Weinstock Paredes, Maurice Possley, and Ken Otterbourg (2022), The Contribution of Forensic and Expert Evidence to…
CSAFE Project Update & ASCLD FRC Collaboration

CSAFE Project Update & ASCLD FRC Collaboration

This presentation highlighted CSAFE’s collaboration with the ASCLD FRC Collaboration Hub.