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Fingerprints and the Law

The Fingerprint Sourcebook - Chapter 13


National Institute of Justice

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Introduction

Fingerprints, palmprints, and impressions of bare soles have been widely recognized and accepted as a reliable means to identify a person. A reproduction of the friction ridge arrangements on a fingerprint, palmprint, or footprint may be left on an object when it is touched. This permits the impression to be used for the personal identification of individuals in criminal investigations. Thus, the forensic science of fingerprints, palmprints, and footprints is utilized by law enforcement agencies in support of their investigations to positively identify the perpetrator of a crime. This forensic science is also used for exculpatory or elimination purposes.

This chapter will address the laws and rules of evidence as they apply to friction ridge impression evidence. Historical court decisions and recent appellate and United States Supreme Court rulings will be addressed. This chapter will primarily address federal court decisions and the Federal Rules of Evidence, which may not be applicable to all states.

The term “friction ridge impression” will be used to refer to any impression made from human friction ridge skin (e.g., the skin on the palm side of fingers and hands and the soles of the feet). There are two different types of friction ridge impressions: those of known individuals intentionally recorded, and impressions from one or more unknown persons on a piece of evidence from a crime scene or related location; the latter are generally referred to as latent prints.

The scope of this chapter will include legal aspects associated with experts and evidence, and legal challenges to the admissibility of friction ridge impression evidence. The basis of the material will be the U.S. legal system at the federal level. The text makes occasional references to laws or court decisions of specific states or foreign countries when notable. The reader is strongly encouraged to consultthose legal sources that more particularly govern the jurisdiction in which the expert will be testifying.

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