Forensic Evidence

Question 1

What are the three standards for determining the admissibility of Expert Witness Testimony?

Answer 1

(1) Frye Test

(2) Daubert Test

(3) FRE 702

Question 2

What is the Frye Test?

Answer 2

The Frye test asks: is the technique or theory generally accepted by the relevant scientific discipline?

Question 3

What is the Daubert Test?

Answer 3

The Daubert Test is a five factor test where the Court considers:

(1) whether the expert’s technique or theory can be tested and assessed for reliability

(2) whether the technique or theory has been subject to peer review and publication

(3) the known or potential rate of error of the technique or theory

(4) the existence and maintenance of standards and controls

(5) whether the technique or theory has been generally accepted int he scientific community

Question 4

What is the first Daubert Test factor?

Answer 4

(1) whether the expert’s technique or theory can be tested and assessed for reliability

Question 5

What is the second Daubert Test factor?

Answer 5

(2) whether the technique or theory has been subject to peer review and publication

Question 6

What is the third Daubert Test factor?

Answer 6

(3) the known or potential rate of error of the technique or theory

Question 7

What is the fourth Daubert Test factor?

Answer 7

(4) the existence and maintenance of standards and control

Question 8

What is the fifth Daubert Test factor?

Answer 8

(5) whether the technique or theory has been generally accepted in the scientific theory

Question 9

What does FRE 702 say?

Answer 9

Rule 702. Testimony by Expert Witness

A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise if:

(a) the expert’s scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in issue

(b) the testimony is based on sufficient facts or data

(c) the testimony is the product of reliable principles and

(d) the expert has reliably applied the principles and methods to the facts of the case

Question 10

What is a “loop” in a fingerprint analysis?

Answer 10

Loops are when the pattern recurves on itself and forms a loop shape.

Question 11

What is a “whorl” in a fingerprint analysis?

Answer 11

Whorls are when the pattern is circular, similar to whirlpools.

Question 12

What is an “arch” in a fingerprint analysis?

Answer 12

Arches are when the patterns are wave-like and consist of plain arches and bent arches that rise to a sharper point compared to plain arches.