Legal aspects Flashcards
What type of testimony is given not under oath?
A deposition and there is no judge present
What is the purpose of a search and seizure constraint?
Prohibits unreasonable searches and seizures after being given a search warrant
What is self-incrimination?
A statement made by a suspect confessing to a crime which is then used against the suspect as proof
What is subponeas?
An order issued commanding the presence of a witness to give a testimony
What is duces tecum?
An order issued commanding documentation or evidence be presented in court
What is the difference between real and testimonial evidence?
Real evidence provides physical links between the crime and suspect while testimonial evidence is facts and opinions said under oath
What factors impact the admissibility of evidence?
Prejudice, time wasting, unreliability, improper procedure, privileges and constitutional constraints
What does the Frye rule ensure?
Scientific evidence and techniques are reliable through ensuring they are tested and validated through peer review
What is the Daubert decision?
The judge determining if scientific evidence is admissible through considering falsifiability, error rates and general acceptance
What is the purpose of a pretrial conference?
Between a scientist and attorney to review the significant aspects of the case and the testimony
What is voir dire?
The process of a witness justifying their expertise to provide a scientific opinion
