Reading ComprehensionDifficulty: Medium

PT136 S1 P2 Q12 Explanation

Reliability and Admissibility of Fingerprint Evidence

A free, expert breakdown of this official LSAT Reading Comprehension question.

TopicsPrincipleLaw

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Passage

Passage A In this appeal of his criminal conviction, the defendant challenges the fingerprint evidence used against him at trial, claiming that fingerprint identification theory has not been adequately tested. He cites the inability of the fingerprint examiner who incriminated establishing that no two persons have identical fingerprints.

The defendant claims that there are no established error rates revealing how often fingerprint examiners incorrectly identify a fingerprint as a particular person’s, and asserts that fingerprint examiners lack uniform, objective standards. He cites testimony given by the fingerprint examiner at trial that there of “points of identification” required for a positive identification.

Although fingerprint identification has not attained the status of scientific law, it has been used in criminal trials for 100 years, and experts have long concurred about its reliability. While further testing and the development of even more consistent standards may be desirable, this court sees no that has so ably withstood the test of time.

While it may be true that different agencies require different degrees of correlation before permitting a positive identification, fingerprint examiners are held to a consistent “points and characteristics” approach to identification. As the fingerprint expert testified at the defendant’s trial, examiners are regularly subjected to testing and proficiency requirements, and uniform standards discretion in crediting testimony that fingerprint identification has an exceedingly low error rate.

Passage B Fingerprint examiners lack objective standards for evaluating whether two prints “match.” There is simply no consensus about what constitutes a sufficient basis for identification. Some examiners use a “point-counting” method that entails counting the number of similar “ridge” characteristics on prints, but there is no fixed requirement about how many is no generally agreed-on standard for determining precisely when to declare a match.

Although we know that different individuals can share certain ridge characteristics, the chance of two individuals sharing any given number of identifying characteristics is unknown. How likely is it that two people could have four points of resemblance, or five, or eight? Moreover, fingerprints used in forensic identification are typically partial and such questions decisively, yet the answers are critical to evaluating the value of fingerprint evidence.

The error rate for fingerprint identification in actual practice has received little systematic study. How often do fingerprint examiners mistakenly declare a match? Although some proficiency tests show examiners making few or no errors, these tests have been criticized a 34 percent rate of erroneous identification.

What this question is testing

Principle

Your task

Pin down exactly what the question asks about the passage — a detail, the author's view, the structure, or the main point — before looking at the choices.

Common trap

Answers that restate a true detail from the passage but don't answer the specific question being asked.

Winning move

Anticipate the answer in your own words from the passage, then find the choice that matches that prediction.

Reading along? Open the full official question in LawHub — we show a fragment here and keep the reasoning in our own words.

The question
12.

Which one of the following principles underlies the arguments in

Answer choices

  1. Only Passage A1% picked this

    Courts should be extremely reluctant to reject those forms of evidence that have withstood the

    This matches a sentiment that Passage A had, but we can't match this to Passage B, which never talked about whether fingerprinting has / hasn't withstood the test of time. B never argued, "since fingerprinting evidence hasn't withstood the test of time, we shouldn't be reluctant to reject it as a form of evidence" (that's also an illegal negation of what this answer says).

  2. Only Passage B5% picked this

    Defendants should have the right to challenge forms of evidence whose reliability has not

    This principle would help B's skeptical argument about fingerprinting, but how would it match A's argument? The author of A would probably acknowledge that, "Yes, this is true. Defendants should have the right to challenge forms of evidence whose reliability is unproven", but this principle doesn't have anything to do with her argument that "Fingerprinting is an acceptable form of evidence".

  3. Only Passage B11% picked this

    To evaluate the value of fingerprint evidence, one must know how likely it is that partial prints from

    This answer is appealingly phrased not as a conditional but as a "Factor X is relevant to Judgment Y" type of idea. Given that our authors have differing conclusions, we won't be able to pick an "If / Then" answer where the outcome matches both of their conclusions. But something like this can work for both, as long as both authors discussed how likely it is that partial prints from two people would match, and then connected that to whether we should / shouldn't trust fingerprint evidence. However, only B discussed the probability of partial prints matching.

  4. Only Passage B11% picked this

    Fingerprint identification should not be considered to have a low error rate unless rigorously conducted tests have shown

    This rule says, If rigorous testing has then fingerprinting not shown fingerprinting → should not be to have a low error rate considered to have low error rate This is definitely something the author of B is talking about in her final paragraph, but does the author of A talk about this? Not really. Passage A thinks that it was fine for the trial court to say that fingerprinting has a low error rate, but the rationale for that wasn't based on "rigorous tests having proven it".

  5. Correct72% picked this

    Fingerprint examiners must follow objective standards if fingerprint identification is to

    Why this is right

    This answer is annoying in the sense that it only has the power to match passage B's argument, in a conditional strengthening kind of way: If examiners don't follow → Fingerprint evidence objective standards is not reliable This definitely reflects how Passage B thinks. For this to reflect how Passage A thinks, it feels like we'd be doing an illegal negation and thinking, If examiners do follow → Fingerprint evidence objective standards is reliable But ultimately this is the best available answer, because it's the only answer that overlapped with both passages: 1. the criterion mentioned in the answer (do / don't examiners follow objective standards) was talked about by both authors. 2. the judgment mentioned in the answer (is / isn't fingerprint identification reliable) was talked about by both authors This answer choice, if true, would justify the reasoning in Passage B, whereas it does not have that effect for Passage A. But we're only being asked whether this principle underlay the thinking in both passages, and it's fair to say that both authors thought that there was a relationship between objective standards for examiners and the reliability of fingerprint evidence. The author of Passage A certainly felt the need to cover this ground --- in defending the reliability of fingerprinting, he seemed to feel the need to establish, "Look, there are objective standards for the examiners", so it seems like he implicitly agrees with this answer choice.

    Skill tested: Principle · how this choice captures the passage's function is the move to repeat next time.

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