Tenprint Fingerprint Legal & Ethical Considerations in Fingerprinting Flashcards

Under the Privacy Act of 1974, what is a primary obligation of a federal agency when collecting fingerprints from individuals?

Answer: Inform individuals of the authority, purpose, and uses of the collection

The Privacy Act requires agencies to provide a Privacy Act Statement disclosing the authority, purpose, routine uses, and whether disclosure is voluntary or mandatory.

Which legal standard governs the admissibility of fingerprint evidence under the Federal Rules of Evidence?

Answer: Daubert standard

The Daubert standard (FRE 702) requires that expert testimony, including fingerprint evidence, be based on sufficient facts, reliable methodology, and proper application.

A fingerprint examiner is asked by a supervisor to alter latent print notes to support a preferred conclusion. What is the ethical obligation?

Answer: Refuse and report the request through appropriate channels

Altering documentation to support a predetermined conclusion violates examiner independence and professional ethics codes; it must be refused and reported.

What does the concept of 'contextual bias' require fingerprint examiners to guard against?

Answer: Being influenced by irrelevant case information when evaluating prints

Contextual bias occurs when examiners are influenced by irrelevant information (e.g., a suspect's prior record), potentially skewing their objective analysis.

Under Brady v. Maryland, what is a prosecutor's obligation regarding fingerprint examination results that exonerate a suspect?

Answer: Disclose them to the defense as material exculpatory evidence

Brady v. Maryland requires prosecutors to disclose all material exculpatory evidence, including fingerprint results that tend to exonerate the defendant.

Which organization publishes the primary professional code of ethics governing fingerprint examiners in the United States?

Answer: International Association for Identification (IAI)

The IAI publishes the Code of Ethics that certified latent print examiners are required to follow, emphasizing integrity, competence, and impartiality.

When fingerprints collected for one lawful purpose (e.g., employment screening) are later used in a criminal investigation, this practice raises concerns about:

Answer: Secondary use and function creep

Function creep (secondary use) occurs when biometric data collected for a specific purpose is repurposed without the individual's consent, raising significant privacy and ethical concerns.