NCJ Number
130058
Journal
Criminal Law Bulletin Volume: 27 Issue: 3 Dated: (May/June 1991) Pages: 195-215
Date Published
1991
Length
21 pages
Annotation
The practical and legal issues associated with firearms identification evidence are highlighted.
Abstract
Though long accepted in criminal trials, firearms identification evidence is far from infallible and should be carefully examined. Its subjective character, the lack of objective criteria, and the absence of certification standards for examiners all suggest caution. Firearms identification is based on the "general experience" of firearms identification examiners and not statistical studies. Firearms identification examiners will be qualified on the basis of on-the-job training and experience. The adequacy of that training is often difficult to evaluate. Typically, discovery requests for scientific reports will indicate whether firearms examinations have been conducted. If the issue needs to be explored further, retention of a defense expert is advisable. An indigent defendant often has a right to the appointment of such an expert. Most jurisdictions recognize the defense's right to have the evidence re-examined by its own expert. 102 notes and appendix (Author abstract modified)