Rules of Evidence Flashcards
Frye V United States
Court must decide whether the relevant scientific community generally accepts the questioned procedure or principle
Federal Rules of Evidence (Rule 702)
More flexible in admitting scientific evidence. Rules deal with admissibility of expert testimony
Daubert V Merril Down Pharmaceuticals
Replaced Frye std, Trail judge determines whether evidence is admissible. The scientific technique must report an error rate
R V. Mohan
Expert evidence can only be admitted if it is relevant,
necessary to assist the trier of fact, and does not trigger any exclusionary rules, and presented by a properly qualified expert
Expert Witness
Individual who the court determines possesses the knowledge relevant to the trail that is not expected of the average layperson. Can give their opinion based on their scientific knowledge ion a specific area. Did not witness the crime, but examined the evidence.
Lay/material witnesses
Saw or heard something relevant to the case. Can not give opinion and can only present this information