Publication Date
2017
Journal
Albany Law Review
Abstract
The article examines the role of fingerprint evidence in wrongful convictions and exonerations, focusing on errors beyond erroneous individualizations, such as missed exclusions and inconclusive results. It introduces a framework for categorizing fingerprint errors and advocates for increased access to post-conviction Automated Fingerprint Identification System (AFIS) searches to reduce miscarriages of justice. The authors argue that while DNA database searching is widely recognized as a tool for exonerations, fingerprint database searching remains underutilized despite its potential to uncover innocence. They propose expanding legal access to fingerprint evidence to align with the principles of truth, justice, and science.
Volume
81
Issue
3
First Page
807
Last Page
850
Publisher
Albany Law School
Disciplines
Courts | Evidence | Law | Law Enforcement and Corrections
Recommended Citation
Simon A. Cole & Barry Scheck,
Fingerprints and Miscarriages of Justice: "Other" Types of Error and a Post-Conviction Right to Database Searching,
81
Alb. L. Rev.
807
(2017).
https://larc.cardozo.yu.edu/faculty-articles/1558