Frye v. United States and Daubert v. Merrell Dow Pharmaceuticals are both legal decisions that set forth standards as they pertain to the admissibility of scientific or forensic evidence, and the admissibility of expert witness testimony. Both cases deal with the admissibility of evidence in judicial proceedings, and prevent prosecutors from abusing the use of expert witnesses and testimony. Due to a loophole that dismisses recent scientific advances when applying the Frye Rule, the Supreme Court
as we saw in the case of the United States v. Paul (1999). However, there is a procedure to enter this testimony and to determine its admissibility. This matter will be discussed as we review the case of Daubert v. Merrell Dow Pharmaceuticals, Inc. (1993). First there needs to be a little background on the case itself. The case of Daubert v. Merrell Dow Pharmaceuticals, Inc. (1993) is one concerning children who were born with birth defects. Jason Daubert and Eric Schuller were born with serious birth
physiological responses of the body to various inner thoughts and desires. This story is of Antiochus, son of Seleucus I of Syria (also referred to as Nicator). Nicator had married a beautiful woman, Stratonice. Some... ... middle of paper ... ...Merrell Dow: The Supreme Court Tackles Scientific Evidence in the Courtroom." Journal of American Medical Association 2964-2967. Grubin, Don, and Lars Madsen. 2005. "Lie detection and the polygraph: A historical review." Journal of Forensic Psychiatry & Psychology
Before forensic evidence is presented in a trial, it must be deemed admissible (Imwinkelried, 1998). The admissibility of evidence is determined by its reliability, its relevance and its legitimacy. The evidence must be screened against the trial court’s Rules of Evidence. The trial court is the deciding factor on the admissibility or inadmissibility of any forensic evidence. The Rules of Evidence are utilized by the courts to determine if either side (Defense or Prosecution), have presented any
Many strategies for interviewing and interrogating individuals have been explored over time. Some seem to withstand the test of time, others falter. Two such methods that have been used over time have been the Reid Technique, developed by John E. Reid with the assistance of Fred E. Inbau, and the technique of hypnosis. The similarities and differences of all techniques are what determine their success or failure. An examination of the Reid Technique and hypnosis will reveal why one is still used
Question 2: Identify one court decision that has influenced fire scene investigations, and briefly discuss specifically what it has affected. One court decision that has influenced fire scene investigations was Daubert v. Merrell Dow Pharmaceuticals. “In the case Daubert v. Merrell Dow Pharmaceuticals (1993), the Court placed the responsibility on a trial judge to ensure that expert testimony was not only relevant but also reliable” (Icove, De Haan, & Haynes, 2013, p. 19). With regards to scene investigations
led to fingerprint evidence becoming the silent testimony leading to more conventions. In the case of the United States v. Byron C. Mitchell Criminal Action No. 96-00407, fingerprints found in the car were the scientific evidence which identified Mitchell as a participant in an armored car robbery (Appellant Counsel for Appellee, 2003). The issues in the case of United States v. Byron C. Mitchell, Criminal No. 96-00407, began in 1991, when an armored car employee was robbed by two men. The two men
Before the late 1800’s, DNA was never used in court cases. We did not have the equipment readily available. Then, in the late 1800’s and early 1900’s, DNA testing started to become very popular. This is when cases started getting overturned from wrongful court convictions. Which meant that the criminal that had actually committed the crime was on the loose in the community still able to do harm. In today’s generation, we still have many wrongful court convictions. Either due to their being little
most powerful jurists in the country cannot do math. In March 2018, when the Supreme Court of the United States heard oral arguments in Gill v. Whitford, a landmark case that would determine the future of partisan gerrymandering, its members were reluctant to consider statistical evidence seriously. A concept called the “efficiency gap” lies at the core of Gill v. Whitford: it is a simple fraction where the numerator is the difference between the two parties’ wasted votes and the denominator is the
Acceptance Test. Behavioral Sciences & The Law, 10(4), 441-454. Jasanoff, S. (1998). The Eye of Everyman: Witnessing DNA in the Simpson Trial. Social Studies Of Science (Sage Publications, Ltd.), 28(5/6), 713. Price, M. (2012). THE PROPER APPLICATION OF DAUBERT TO EXPERT TESTIMONY IN CLASS CERTIFICATION. Lewis & Clark Law Review, 16(4), 1349-1379. Thernstrom, A., & Fetter, H. D. (1996). From Scottsboro to Simpson. Public Interest, (122), 17-27.
According to Daubert, a judge can determine the admissibility of scientific evidence based upon four factors: testing, error Rate, publication, and acceptance. (Daubert v. Merrell Dow Pharmaceuticals) If evidence presents itself that can call into question the reliability of other evidence then that evidence becomes inadmissible. (Kessler 3) However a judge’s
Graphology Introduction The belief that handwriting is a sign of the inner personality is very old. The first serious attempt to analyze handwriting seems to have been that of Camillo Baldi, an Italian scholar, who published a book on the subject in 1622. As literacy spread, handwriting analysis became popular, being practiced as an art form by such literary figures as Goethe, Poe, the Brownings and Dickens. Jean Hippolyte Michon coined the term "graphology" in 1875. Michon systematized handwriting
How Accurate are Lie Detectors (aka Polygraph Tests)? To determine whether a person is saying the truth or a lie was a goal of mankind for centuries. The methods of Lie Detectors aka Polygraph Test use physiological activity of the individual’s sympathetic nervous system to detect deception by measuring changes of a sympathetic nervous system response. In ancient China rice was used as a “Lie Detector” where a suspect had to fill his/her mouth with a dry rice and listen to a prosecutor. The purpose