Legal

Question 1

Frye

Answer 1

“General acceptance” test to determine the admissibility of scientific evidence

Question 2

Daubert

Answer 2

Rule of evidence regarding the admissibility of expert witness testimony, replaced Frye rule

Question 3

Daubert- Illustrative factors of “scientific methodology”

Answer 3

• general acceptance
• peer review and publication
• can be and has been tested
• there is a known and potential acceptable error rate
• research was conducted independent of the particular litigation

Question 4

Kumho

Answer 4

Judge’s gatekeeper role extends to non-scientific testimony as well (technical/experience based)

Question 5

Rules of Evidence #702

Answer 5

Testimony by expert witness

1) knowledge will help the trier of fact understand evidence
2) testimony based on sufficient facts or data
3) product of reliable principles and methods
4) expert has reliably applied the principles and methods to the case

Question 6

Brady

Answer 6

Pretrial discovery rule that requires that the prosecution must turn over all exculpatory evidence to the defendant in a criminal case

Question 7

Melendez-Diaz

Answer 7

6th Amendment right of confrontation- requires forensic analysts to testify in court so they can be cross-examined

Question 8

Chain of custody

Answer 8

Used to assist in the identification and authentication of evidence in court

Question 9

Discovery

Answer 9

Disclosure of evidence that is relevant to the case, minimizes the miscarriages of justice

Question 10

Voir dire

Answer 10

Creates the standard for an expert witness’s testimony and credibility; establishes expert’s competency and knowledge in the profession and field