Friday, April 16, 2004

7th Circuit Upholds Fingerprint Testimony

The Seventh Circuit has again rejected Daubert challenges to fingerprint testimony, in an opinion conveying the distinct impression that the court now regards the question as settled. See United States v. George, No. 02-2996 (7th Cir. Apr. 14, 2004) (Bauer, Posner, & Kanne, JJ.).
Fed. R. Evid. 702: If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise, if (1) the testimony is based upon sufficient facts or data, (2) the testimony is the product of reliable principles and methods, and (3) the witness has applied the principles and methods reliably to the facts of the case.