英语论文网

d to forensic uses [3].

Moreover, with the increasing publics’ interest in the relationship of law and science, referring to the work of forensic scientists, a lot of forensic-related television dramas such as “CSI: Crime Scene Investigation” and “Criminal Minds” were created. They developed an illusion of forensics in having ample amount of evidences in cases, rapid analysis time and analytical techniques without failure [4]. They increase jurors and general public in the expectation of forensic Science and highly exaggerate the ability of forensic scientists, resulting in a more pressurized work on forensic scientists. This is so-called the ‘CSI effect’.

Discussion

Frye’s Standard and Daubert’s tests

In regarding the admissibility of the scientific evidences, the first test is the Frye’s Standards, deriving from Frye v. United States in 1923. According to Frye, the scientific evidences are not generally admissible unless it is generally accepted as reliable in the relevant scientific community [1]. The Frye’s Standards had been challenged on the lack of guidelines in judging whether general acceptance is achieved, leading to the later introduction of the Rule 702 of the Federal Rules of Evidences [1]. It provides flexibility compared to the Frye’s Standards, but in return it had been challenged on accepting a lot of “junk science” to the courtroom [1]. In 1993, Daubert’s tests were introduced after the ruling of Daubert v. Merrell Dow Pharmaceuticals and used until now. It considers deeper on the evidential reliability. [1] Under Daubert, Judges contribute more in the decision-making of the admissibility of scientific evidences [5]. The following provides the six requirements in the Daubert’s tests [6, 7]:

The theory and methods should be tested to confirm reliability.

The theory and methods should be peer-reviewed.

Error rate of the examiners or in the experiments should be clearly stated.

The theory and methods should be generally accepted.

The theory and methods should be performed within the legal standards.

The theory and methods should be applicable to the legal case

Many evidences such as DNA and fingerprints are challenged afterwards, according to the six requirements mentioned above. Fingerprints will be discussed in detail in the following section.

Challenges of the admissibility of fingerprint evidences under Daubert’s tests

1. History of fingerprint

In ancient time, fingerprints were used as signatures to seal contracts and legal documents, showing that fingerprints have already been used as a proof of identity in the past [8]. From 15th century onwards, great enthusiasm on fingerprints was developed among scientists. In 1684, Dr. Nehemiah Grew was the first scientist trying to describe the ridge impression on fingers [8]. In 1788, J.C.A. Mayer was a German Scientist who discovered that fingerprint was unique [8]. A lot of resources were then subjected on fingerprint research, leading to the invention of fingerprint classification and identification system. With the fact that fingerprints are unique, they are of enormous value for personal identification. Fingerprints have first introduced into the legal system as reliable evidences in People v. Jennings in 1911 [9]. The infallibility of the fingerprint evidences has the