Dear Boyd,
Firstly, for those who did not attend the moot court at the IAI2011 in Milwaukee, we need to explain that we reported (during the moot court) latent print evidence associated using statistical support. The court had a Judge (played by a local DA), a DA (played by a public defender from MN) and a defense counsel (played by Il Dottore Steve Meagher

). The court had also a jury of 11 individuals literally taken from the street (so not forensic scientists, or lawyers, or statisticians). The aim of the experiment was to see if a popular jury could be told about fingerprint statistics and handle the information that they receive in a fair, rational and reasonable way.
The results were impressive:
- on the latent print that was 'identified', all but one jurors had no doubt that the print had been left by the defendant.
- on the latent print that was reported using probabilities, all jurors completely understood that the association with the defendant was strong but that other pieces of evidence were necessary to confirm/infirm the association, in order to reach a conclusion as to whether or not the defendant was truly the source of the print.
Bottom line, the recurrent statement that latent print examiners are some sort of guardians of the temple and that they have the duty/right/power to decide what evidence get presented in court, to protect the court against itself (i.e. from making an error), is not only unacceptable, but is plain wrong:
- it is unacceptable given the foundations of the legal system that separate the roles and duties of the various actors. The only individuals in a courtroom who have the right/duty to make decisions are the judge and the jurors; NOT the witness (whether expert or not);
- it is wrong (and very arrogant) to look down on jurors and assume from the get go that they can't possibly understand and handle rationally information, if properly explained. If one really believe that, one should run for Attorney General of the US and make sure that popular jury are simply abandoned.
I do agree (and that's something that we have stated every single time we lectured or gave workshop) that we, as a community, need to work on how to best express complex concepts in the courtroom, that we need to properly define SOPs, and that training needs to be developed and provided. There is a long road ahead of us.
Secondly, it seems that you are right on one point: we did not give the jury the possibility to hear your way of testifying, in order to study how they would react to your more 'traditional' and non 'melodramatic' way of reporting AND defending latent print evidence in court.
It seems to me that you are volunteering to be on the grill at the next moot court in 2012? (don't worry, we won't have you testify in bikini)
Best,
Cedric