Posted: Wed Jun 27, 2007 4:23 am
Apologies for the late reply...Charles, the essence of the discussion surrounding charts and ethics centered on just what you were talking about. Not so much about what is right or wrong but which method would allow us to take the high road.
Some of these powerpoint presentations can turn a sows ear into a silk purse. Which comes back to something more fundamental. Are charts in court to demonstrate the methodology employed by the latent examiner or are they evidence of the individualization?
I know that just about every chart I have ever introduced into court has been assigned an exhibit number even though I have always included the preamble in my "will state" that the chart is a visual aid and will be used to demonstrate the method I used to formulate my conclusions.
If the chart relates to evidence, as appears to be the case, I believe there is a need to balance the presentation to ensure the evidence is not overstated. In other words, as others have so correctly pointed out, we can not make experts of judges and juries so just state the facts as they exist. If the chart relates to the methodology then I guess there is no issue with introducing the "Wow Factor" as we are only educating the court on our methods.
I'd still love to hear from others on their charting methods. And I'm delighted that sanity exists out there where jurisdictions have waved the need to chart fingerprint individualizations for court purposes. I have made a chart for every single case that made it to court proceedings, whether the court proceeded or not.
Shane