Fingerprints and handwriting

Fingerprints and handwriting

The computer crime case, despite its high technology, may involve either fingerprints or handwriting samples.FN56 If discovery indicates that the attempt to lift fingerprints or compare handwriting was made, counsel should get copies of the fingerprints or the handwriting samples and submit them to experts of his or her own choosing for independent analysis. If their findings do not contradict the prosecution's findings, counsel must determine if testimony by the his or her expert is favorable to the defense. If the general thrust of the defense case is the unreliability of the prosecution's arguments, and if there are areas for a plausible challenge to the prosecution's expert's conclusions, it may be advisable to have the defense expert testify. On the other hand, if the prosecution's expert would make a good impression with the jury, it may be wise to stipulate to the results of such expert's findings thereby preventing the prosecution from adding that expert's testimony to the rest of its case. A good starting point to make this determination is to confer with the defense expert as to the best attack on the prosecution's expert testimony.