| Adopted Date: | 01/01/2022 |
|---|
- This page, Supplement to the 2022 Massachusetts Guide to Evidence, is offered by
- Trial Court Law Libraries
- Massachusetts Court System
Guide to Evidence
Guide to Evidence Supplement to the 2022 Massachusetts Guide to Evidence
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Table of Contents
Supplement
|
Section |
Text |
| Section 702, Note, Illustrations – Fingerprints | It is not enough for an expert to avoid testifying that a fingerprint match is one hundred percent certain; the Commonwealth has an affirmative duty to elicit on direct examination the expert’s testimony that the match is an opinion based on the expert’s education, training, and experience. Commonwealth v. Robertson, 489 Mass. 226, 238 (2022) (suggesting prosecutors ask whether witness has an opinion “to a reasonable degree of fingerprint analysis certainty”). |
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