CA1: whatever it takes to admit junk science in criminal trials

US v. Vargas, No. 05-2826 (12/22/2006).  In contrast to the situation below, where the court reaches to rehabilitate the forfeited claims of a rich, yet injured, person, in this case, the court reaches to find a waiver, and surprise; surprise, they do!  Even though he objected to the witnesses qualifications, the First finds that he never objected to the application of his methods.  This case is so bad, it is not even worth going through their pain error and Daubert analysis, because they just don't care! 

This is a pretty standard fingerprint case, which shows how the courts have abdicated their Daubert gatekeeping functions under 702 when it comes to criminal trials.  The government introduces an uneducated (going to FBI courses does not count) fingerprint "expert" who insists that he is really experienced and credible.  No empirical validation is provided.  The government states that since everyone has always bought this "science" the judge should not be too critical of it.  The judge accepts it.  The jury buys it.   Based on the facts of the case, it seems the government could have obtained other evidence, anyway, but they did not.  So, a guy goes to jail for passport fraud.  Justice is done.    Blog702 comments here.