Tenprint Fingerprint Certification Tenprint Fingerprint Legal & Ethical Considerations in Fingerprinting 2 — Questions and Answers
Question 1: Under the Privacy Act of 1974, what is a primary obligation of a federal agency when collecting fingerprints from individuals?
- Inform individuals of the authority, purpose, and uses of the collection (Correct answer)
- Obtain written consent from the individual's employer
- Submit all prints to Interpol within 30 days
- Retain fingerprints indefinitely regardless of case outcome
Correct 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.
Question 2: Which legal standard governs the admissibility of fingerprint evidence under the Federal Rules of Evidence?
- Miranda standard
- Daubert standard (Correct answer)
- Brady standard
- Frye standard
Correct 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.
Question 3: A fingerprint examiner is asked by a supervisor to alter latent print notes to support a preferred conclusion. What is the ethical obligation?
- Comply if the supervisor has higher rank
- Refuse and report the request through appropriate channels (Correct answer)
- Alter notes but document the original findings separately
- Submit both versions and let the court decide
Correct 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.
Question 4: What does the concept of 'contextual bias' require fingerprint examiners to guard against?
- Using too many comparison points before reaching a conclusion
- Being influenced by irrelevant case information when evaluating prints (Correct answer)
- Relying on automated AFIS results without manual review
- Comparing prints from different fingers on the same hand
Correct 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.
Question 5: Under Brady v. Maryland, what is a prosecutor's obligation regarding fingerprint examination results that exonerate a suspect?
- Disclose them to the defense only if directly requested
- Suppress them to protect ongoing investigations
- Disclose them to the defense as material exculpatory evidence (Correct answer)
- Archive them for internal use only
Correct 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.
Question 6: Which organization publishes the primary professional code of ethics governing fingerprint examiners in the United States?
- FBI Laboratory Division
- International Association for Identification (IAI) (Correct answer)
- American Civil Liberties Union (ACLU)
- National Institute of Standards and Technology (NIST)
Correct 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.
Question 7: When fingerprints collected for one lawful purpose (e.g., employment screening) are later used in a criminal investigation, this practice raises concerns about:
- Chain-of-custody documentation
- Secondary use and function creep (Correct answer)
- AFIS search accuracy thresholds
- Examiner certification requirements
Correct 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.
Tenprint Fingerprint Certification Tenprint Fingerprint Legal & Ethical Considerations in Fingerprinting 2
Under the Privacy Act of 1974, what is a primary obligation of a federal agency when collecting fingerprints from individuals?