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
Under federal rules of evidence, what was the purpose of rule 702?
the evolution from generalists to specialists made general acceptance difficult, the rule stated an expert of knowledge may testify in the form of an opinion or otherwise to assist the trier of fact
what did Rule 702 leave out?
-did not specify HOW a witness was to be qualified
-what the court should weigh in the assessment of a witness
what did the supreme court rule following the Daubert v Merrell Dow Pharmaceuticals case?
general acceptance is NOT an absolute requirement for determining admissibility
what did the Daubert deciscion establish the role of the trial judge as?
the gatekeeper- ensure that expert testimony is reliable and relevant
what are the five factors the supreme court offered to judges for determining the reliability of an expert
- has the technique been used in actual field conditions?
- has the technique been subject to peer review and publication?
- what is known/ potential rate of error
- do standards exist to control technique?
- Frye standard
What are the three decisions that significantly impacted the way evidence admissibility is addressed? What are they called?
The trilogy
1. Daubert
2. Joiner
3. Kumho
What is the significance of each decision that makes up the trilogy?
Daubert- judge as gatekeeper
Joiner-evidence must pass Daubert criteria and relevance determined by judge
Kumho- extended Daubert ruling to all experts not just trad. scientists
Explain the case behind the Frye decision
-James Frye convicted of murder in 1920
-defense attempted to have expert testify about lie detector test
-judge rejected scientific validity of lie detector
-Frye convicted, appealed but was upheld
Explain the Daubert v Merrel Dow Pharmaceuticals case
-1993
-Jason Daubert and Eric Shuller born w/ serious birth defects
-they and parents believed it was due to morning sickness med, Benedectin
-they and Merrell Dow submitted sci evidence which reached diff conclusions
-Daubert and Schuller’s expert testimony discounted for not using acceptable scientific methods
Explain the General Electric Co. v. Joiner case
-Joiner claimed exposure to chemicals at work gave him cancer
-wanted animal studies done to support his case
-court rejected studies b/c they focused on diff chemicals and diff exposure lvls
Explain the Kumho Tire Co. v. Carmichael case
-civil case, responsibility of tire co. in fatality from accident caused by tire failure
-expert witness was engineer, court ruled him expert
