Friday, April 30, 2004

Third Circuit Upholds Fingerprint Testimony

The Third Circuit issued a major opinion yesterday upholding the admissibility of fingerprint evidence. See United States v. Mitchell, No. 02-2859 (3d Cir. Apr. 29, 2004) (Barry, Becker, & Greenberg, 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.