CLPEX Chat Board

I am looking for possible AFIS questions for court.

If anyone who has testified on AFIS or have prepared some questions dealing with AFIS, I would be interested to hear from you.

As you know, the prosecution takes care not to mention AFIS in open court because it is evidence of 'previous bad character' before the court and may result in a mis-trial. If the defense counsel raises the issue, however, it's fair game.

I have been asked about AFIS once. I happen to have a transcript of my testimony because the defense was challenging everything and I wanted a record of the questions that he was asking. This was the exchange on the topic of AFIS:

Q. How does the AFIS system come in with respect to fingerprint identification?

A. Are we speaking in general, sir, or in terms of this....

Q. I want to initially start out in general and then I can ask specific questions.

A. As you wish. AFIS is a short form for Automated Fingerprint Identification System. It's a computerized database that maintains images of the fingerprints of accused persons who have been arrested and fingerprinted by the Toronto Police Service. It also contains images of unsolved latent fingerprints from crime scenes. It's basically a search, storage and retrieval computer for fingerprints.

Q. By way of explanation, if you have a fingerprint, it's possible to enter information into that system and have possible matches come back?

A. That's correct, yes.

Q. Was that done with this particular fingerprint?

A. No, it was not.

Q. And is it fair to say that it wasn't done with this fingerprint because you had made a determination that you --- it wasn't done because there was a determination that there was a match already?

A. Yes.

Q. So AFIS isn't used as a system additionally to, let's say...as another check to fingerprint identification, is that correct?

A. That's correct.

From there he moved on to the verification process.

Nobody else has ever asked me about AFIS in open court.

Cindy,

,,,the prosecution takes care not to mention AFIS in open court because it is evidence of 'previous bad character' before the court and may result in a mis-trial.

In the U.S.A. most, if not all, states include in their AFIS databases fingerprints that have been obtained for civil purposes (licensing, applicant, etc.). Therefore, the AFIS connection does not necessarily convey "evidence of 'previous bad character' ", as long as it is referenced properly.

Does the AFIS used in Toronto include fingerprints obtained for civil purposes, or is the database limited to criminal use only?

The Toronto AFIS Network (which includes some of our neighbouring jurisdictions) holds only fingerprints of people charged with criminal offences.