The Team? (Part I)
Recent discussions and debate
regarding the science of friction ridge skin identification have brought
forth a number of issues that are being addressed both by practitioners
of the discipline and those who apparently feel qualified to cast doubt
upon it even though they have no training or experience in conducting
such examinations.
It has been baldly alleged by
some that there exists a vast conspiracy within the ranks of friction
ridge skin identification specialists to cloak the discipline itself,
its practitioners, and accusations of erroneous identifications in dark
secrecy. The implication, in fact the outright accusation, that latent
print examiners routinely protect others who exhibit incompetent and/or
unethical practices in order to preserve the "sanctity" of the
discipline is ridiculous. There is ample documentation of evidence to
the contrary; evidence that is clearly available to anyone for review.
In some cases, these spurious accusations are directed toward the heart
of our science in an attempt to debunk our practices and, perhaps more
subtly, create controversy to sell a few more books. However, perhaps
even more disturbing is the view by some that the majority of experts
adhere to some sort of "team" mentality, whereby only the
purposes of law enforcement are reported and testified to on a routine
basis. Perhaps the most tragic consequence of these allegations is the
unfounded concern of the public in general, who is left pondering
whether a century of old science is nothing more than a fairy tale used
whenever "Big Brother" felt the need to rid society of an
unsuspecting, but nonetheless "scum bag." However, our science
is not without hope.
Certain latent print examiners
have proven their collective worth by stepping forward to rebut and
thoroughly destroy any appearance of legitimacy of these accusations.
This has been accomplished by means of calm, methodical explanation of
the workings of the discipline by practitioners who are qualified and
exhibit the highest professional ethics. These examiners have been at
the forefront of dispelling the perpetuated myth of the "secret
society" among the ranks of our discipline. The McKie and Asbury
cases, in both of which latent print examiners rebutted the erroneous
identifications of other latent print examiners, are two glaring
examples which dispel the myth of the conspiratorial "secret
society." There are many other less infamous or celebrated cases in
which qualified, competent latent print examiners have disclosed
erroneous identifications and/or fabricated latent print evidence. Many
of these cases are posted for public review. However, comments such as
those in a recent BBC television program cannot go unnoticed:
SHELLEY JOFRE: Danny McNamee
was freed on appeal in 1997 after serving 11 years behind bars ....
Andrew Chiory spent two months on remand accused of burgling Miriam
Stoppard’s house. He was freed when it was found a print had been
misidentified as his. Neville Leo also served time on remand accused of
rape because of a misidentified print .... The case of the Hyde Park
bomber illustrated for the first time just how widely fingerprint
experts can vary in their opinion .... the 14 experts who testified were
sharply divided between those who said it was his print and those who
said it wasn’t.
WERTHEIM: This is the sweets
tin that was found in David Asbury’s apartment, the so-called 16
points that were found by the SCRO in this are pure fiction.
JOFRE: It was the same four
experts who’d misidentified Shirley McKie’s print.
MICHAEL MANSFIELD: I think the
idea that a department, whether it’s fingerprints or anything else, is
going to provide within itself internally independent verification is a
joke. They’re all working as a team and they’re all working towards
one objective, and on the whole most of them know what it is that is
being required of them by the police.
This last statement pretty much
sums up the problem. The public is being fed the notion that latent
print examiners who are employed by government agencies, particularly
law enforcement, are inherently incapable of conducting objective
examinations and presenting unbiased testimony. The theme here is that
such examiners possess a proprietary interest in assuring the success of
"the prosecution."
Without reciting the specific
historical origins and subsequent evolution of early fingerprint bureaus
to the modern, high-tech laboratories that we are fortunate to have
today, friction ridge skin identification relevant to latent marks at
scenes of crime and associated physical evidence, has traditionally fell
within the purview and responsibility of law enforcement or some similar
executive agency. This seems logical given that such government agencies
are primarily responsible for the investigation of criminal acts and a
routine part of the investigative process involves the detection,
recognition, recovery, and examination of physical evidence. Of course,
the critical value of physical evidence is to demonstrate a link between
people and places as they interact relevant to any given occurrence. Of
all such evidence, none is more precise or as compelling as friction
skin prints.
To deny that there are
instances in which prosecutors expect government forensic examiners to
"join the team" is foolish. The many pressures associated with
arrests and convictions, especially in cases involving particularly
heinous crimes, are sometimes overwhelming. And it must also be
recognized that there are prosecutors who attempt to influence or
manipulate an examiner’s conclusions and his or her testimony
regarding those conclusions in favor of the prosecution’s position.
Sadly, this is the reality of an adversarial system. Oh, don’t forget
that this is a two-way street; cases abound in which
"hired-gun" defense "experts" have given some of the
most outrageous testimony in the history of the universe. Isn’t it
strange how these are accepted without question by the very same ones
who are lambasting us?
Unethical, or in some cases
downright criminal practices, are not confined to any one particular
profession. However, it is unfair and illogical to classify an entire
profession in this way. More appropriately, individual latent print
examiners must be held accountable for their own actions or omissions.
Those who sacrifice ethics and professional standards for "the
team" should be exposed for what they are, and dealt with
accordingly. The rest of us have a continuing affirmative duty to see
that this is done, else our discipline shall continue to endure the
skepticism that is now upon us.