Abstract
This article discusses how Australian courts have responded to the use of biometric identification in criminal trials. While fingerprint and DNA evidence has been admitted as forensic evidence to assist with human identificationfor decades; facial recognition is a more recent development, and is likely to become an important biometric identifier. The article begins by discussing general principles relevant to adducing biometric evidence, followed by amore detailed analysis of Australian case law on fingerprint identification, DNA identification and facial and body mapping. While an overall trend towards the acceptance of biometric identification evidence can be observed, criticism from the judiciary, academia and government reviews will be considered. The discussion examines standards for establishing whether biometric identification technology has achieved the level of scientificreliability necessary for legal admissibility, arguing that there is a need for a more rigorous and consistent approach to biometric identification evidence.
Original language | English |
---|---|
Pages (from-to) | 668-681 |
Number of pages | 14 |
Journal | Australian Law Journal |
Volume | 93 |
Publication status | Published - 2019 |