l2 evidence admissibility Flashcards
need to know?
the history of standards (frye, etc)
history of cases in standards?
t/f effectiveness of an expert testimony does not depend on their educational background
false
final evaluator of evidence
jury
lay witness provide testimony based on..?
personal knowledge
t/f providing an expert testimony is one of the main functions of a forensic scientist
true
t/f expert witnesses give testimonies based on events or observations that arise from personal knowledge
false
t/f administration of a polygraph test normally lies within the expertise of a forensic scientist
false
the scientific method requires that scientific evidence be validated by..? (3pts)
-forming hypotheses
-forming pertinent questions
-performing experiments
Necessity for a forensic scientist to appear in court comes from which U.S. Supreme Court case? Why?
Mendelez-Diaz v Massachusets
-defense may cross-examine forensic scientists who prepare lab reports used in trials
the concept of “general acceptance” of scientific evidence relates to..?
the Frye Standard
What is the significance of the Daubert v Merrell Dow Pharmaceuticals case?
judicial case, set most current guidelines for determining the admissibility of scientific examinations in federal courts
Explain Daubert v Merrell Dow Pharmaceuticals case.
established the “Daubert standard”
-lawsuit against Merrell Dow Pharmaceuticals alleging that their drug Bendectin caused birth defects
-court decided plaintiffs’ expert testimony on the link between Bendectin and birth defects was not admissible due to a lack of reliable scientific evidence supporting the claim.
Forensic databases maintain records for all but..?
dental impressions
t/f eyewitness testimony are just as susceptible to dispute, human error or bias as class evidence
true
corroborative use of physical evidence means it can be used to.?
support other investigative findings
what are the roles of judges and lawyers with respect to the admissibility of evidence in court?
lawyers argue why evidence should be used
judges approve evidence, ALL evidence must be judge-approved
rules of evidence are applied to..?
determine admissibility of ALL evidence
evidence used to..?
reconstruct events of a crime
what is a key prerequisite of admissibility?
solid, supportive foundation
-must be enough info to convince a judge that evidence might be true
Admissible evidence must be..? (3pts)
-reliable
-relevant to case
-scientifically acceptable (falsifiable)
what do admissibility hearings provide the opportunity for?
new scientific methods to be introduced and accepted as viable tools in forensic sci
What is the Frye Standard?
courts must decide whether questioned procedure is generally accepted by a meaningful segment of the relevant scientific community
What is “general acceptance” of scientific evidence?
questioning if a technique is real and viable in primary field (chemistry, biology, etc.)
if a test has not gained scientific recognition, how does that affect the expert testimony of such test?
expert testimony is inadmissible
