Leading Fingerprint Evidence in Trinidad and Tobago
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Transcript of Leading Fingerprint Evidence in Trinidad and Tobago
FINGERPRINT EVIDENCE
Evidence-in-chiefand
Cross-examination
Plan your evidence
The Witnesses
The Exhibits
EVIDENCE-IN-CHIEF
•Developing fingerprint impression at crime scene•Performing Research•Making Comparison•Arriving at ConclusionExpert•Contact print•Enlargements of Fingerprint Slip impression & Contact print•Photograph of Mounted Card
Photographer
•Procedure adopted on recording fingerprint impression of accused on fingerprint slip•Signature of accused on fingerprint slip
Person recording impression of
accused
THE WITNESSES
Object upon which impression developed - ‘A’
Contact print of impression on object – ‘B’
Fingerprint Slip with impressions of accused – ‘C’
Original Mounted Card – ‘D’
Photograph of Mounted Card – ‘E’
THE EXHIBITS
THE NARRATIVE
Qualifications •Certificates, diplomas, fellowships, etc.•Experience as Fingerprint Expert•Amount of sets of fingerprints examined
Principles of fingerprint identification
•Fingerprints are impressions made by the end joints of the fingers and, therefore, are reversed reproductions of the skin surface details•Positive identification, or elimination, of fingerprints is dependent upon the individual ridge characteristics in a fingerprint, their relative position to each other, and whether or not there are any dissimilar characteristics that cannot be explained.•Ridge characteristics – types (bifurcation, endings, dots, cross-overs, etc.)•Technique - application of brush and powder to develop latent fingerprint impression•Uniqueness – Each of the 10 fingers on every person’s hands bears its own individual and distinctive trademark in its ridge pattern and characteristics. No two fingers have ever been found identical in their ridge patterns and characteristics•Permanence – fingerprints formed as foetus and, except for size, remains unchanged throughout life and even after death, until decomposition.
FINGERPRINT EXPERT
Discovery of latent fingerprint impression
•Expert visited and processed the crime scene•Found object•Applied brush and powder•Developed latent fingerprint impression
The Object•Expert took possession of object•Markings placed thereon•Protection of latent fingerprint impression by covering•Admit into evidence – “A”
DISCOVERY OF LATENT PRINT AT SCENE
Expert passes object to photographer for latent fingerprint to be photographed
Photographer Evidence -•Identifies Object passed by Expert – (‘A’)•Contact print developed (markings, etc.)•Admitted into evidence – (‘B’)•Explain contact print•Object (‘A’) and Contact print (‘B’) returned to Expert
PREPARATION OF CONTACT PRINT
Expert:• Identifies contact print (‘B’)• Verifies that contact print and latent
impression on object identical
Expert performs research and comes to an opinion
Expert gives blank fingerprint form to Officer (generally Complainant) to take
impressions from accused
RESEARCH BASED ON CONTACT PRINT
Officer taking impressions from accused
Received
blank fingerp
rint slip from
fingerprint
expert
Informs
accused of
intention to take
fingerprints
Any objections or compla
ints
Each finger placed in Ink Slab
Rolled onto
fingerprint slip
Signature of accuse
d at foot of fingerp
rint slip
Admit signed fingerp
rint slip into
evidence – (‘C’)
Return of
completed
fingerprint
slip to fingerp
rint expert
FINGERPRINT SLIP
Expert•Receives fingerprint slip•Compares impressions on fingerprint slip with Contact Print•Identifies matching impression and places mark above relevant digit on fingerprint slip and on contact print•Identifies fingerprint slip – (‘C’)•Contact print (‘B’) and fingerprint slip (‘C’) returned to photographer
Photographer•Receives marked contact print and fingerprint slip•Places marking on fingerprint slip•Identifies fingerprint slip (‘C’) with marking•Makes enlargements of contact print and impression designated on fingerprint slip (markings of photographer)•Submits enlargements, together with contact print (‘B’) and fingerprint slip (‘C’) to Expert
CONTACT PRINT –V- FINGERPRINT SLIP
Expert•Verification of enlargements as that of contact print (‘B’) and fingerprint slip (‘C’) •Places enlargements side by side on mounted card•Prepares a features table•Signs at back of Mounted Card•Admit original mounted card into evidence – ‘D’•Transmit original mounted card to photographer for photograph to be taken
Photographer•Receives from Expert original Mounted Card – ‘D’•Identifies original mounted card – ‘D’•Takes photograph of original mounted card – (markings, etc.)•Admit into evidence photograph of original mounted card – ‘E’•Returns original mounted card and photograph (‘E’) to Expert•Produce copies of photograph of original mounted card for Magistrate and Defence Counsel
MOUNTED CARD
Expert receives original mounted card (‘D’) and photograph thereof (‘E’)
Identifies photograph of original mounted card (‘E’)
Verification that photograph of original mounted card is identical to original
mounted cardCopies of photograph of original mounted card passed to Magistrate and Defence
Counsel
Expert then explains the content of the original mounted card (‘D’)
ANALYSIS & CONCLUSION
Magnifying glasses to be made available
Treat with each ridge characteristic individually from the features table
Conclusion - • Based on the number of corresponding
ridge characteristics both in continuous sequence and agreement
• Opinion – the source of the latent print is the accused
•Subjective exercise•Number of ridge characteristics required in order for positive identification•Mistakes made in the past
Erroneous Identification
•Impossible to determine time of placementAge of latent print
•Utilizing an adhesive tape to remove an impression and replace it on another object
Planted or forged prints
•Pre-emptive evidence to defence claimsLegitimate (innocent) access
•ProcedureOn Academic Material
CROSS-EXAMINATION
Statutory powers
Right of accused person to object
TAKING OF AN ACCUSED’S FINGERPRINTS
Statute
•Police Service Act, (repealed) Ch. 15:01 – s. 37•Police Service Act , 2006 (as amended) – s.50
Common law
•Buckley 163 J.P. 561•Culpepper, 58 WIR 420•Hallam, Court of Appeal N.S.W. 10/09/90•Tyres –v- Barr, 45 WIR 7•Small, 27 WIR 64•Tottenham Justices, 82 Cr.App.R. 277•Chappel, 89 Cr.App.R. 82
Texts
•Scott’s Fingerprint Mechanics, 1978 (Olsen)•Modern Scientific Evidence, Vol. 4 (Faigman)
Precedents
•Sean Subransingh et al (Bobart Kidnapping)•Sidiqque Martin and anor•Kevin Culpepper•Pitman & Agard (Cascade Murder)•Junior Colin Nicome•Timothy Wise•Marlon Mackain•Shawn Parris
Useful References
N.B. the Prosecutor must take great care in leading fingerprint evidence not to
inadvertently disclose the previous bad character of the accused.
THE END