A szakértői elfogultság a büntetőügyekben - I. rész

Aim: In the two-part study, the article from Science about Itiel Dror’s work is summarized, and then in this first part, his studies related to friction ridges are examined in detail, compared to other scientific papers. The most famous false positive identification in the fingerprint field is also covered, and the authors’ experiment is presented. Methodology: After summarizing the first half of the Science article, the study synthesizes of numerous international papers and some relevant Hungarian articles. The Mayfield case is presented using the lesser-known civil court decision, in addition to the widely studied US government reports. The experiences of the authors’ empirical experiment are summarized at the end of the study. Findings: The cognitive bias of forensic experts can have a serious impact on the judiciary, yet detailed research on the topic only began after the infamous mistaken identifications around the turn of the millennium. Itiel Dror’s role in this is pioneering and undoubted, although this paper clarifies some of his statements, and discusses them in agreement with other authors. In the infamous Mayfield case, comparing the less well-known documents of the trial initiated by the unlawfully detained lawyer, with the government reports that have been extensively analysed, this paper suggests that the case was not about the cognitive bias of the experts, but rather an attempt to hold a classic conceptual (pre-determined) trial. The authors’ empirical experiment, in agreement with the experiment conducted by the IAI, in contrast to Dror's results, did not support the substantial effect of contextual bias on fingerprint comparison. Value: The study provides a comprehensive picture of the problem of expert bias through the work of Itiel Dror, and also offers useful solutions to mitigate it.