Case Law and Forensic Science - 1725 Words

Daubert v. Merrell Dow Pharmaceuticals Case Law and Forensic Science Case Law and Forensic Science The Frye Standard had been the base by which expert testimony was introduced in federal courts until the Supreme Court case of Daubert vs. Merrel Dow Pharmaceuticals in 1993. The Daubert Standard would come to replace the Frye Standard in federal court. Although state would not be held by that standard they would follow suit by looking toward federal case law in decisions involving expert testimony. â€Å"If scientific or technical knowledge will assist the trier of fact to understand the evidence or determine a fact, a witness qualified as an expert by knowledge, skill, experience, training or education, may testify thereto in the†¦show more content†¦In the same sense the concealment of evidence, any form of guilt, of deception would also have the same effect therefore raising a defendant’s blood pressure which supposedly corresponds with the struggle of concealing evidence within the defendants mind. Theoretically if a defendant is telling the truth there should b e no rise in the systolic blood pressure since it is considered spontaneous and does not require conscious effort of concealment. Therefore the test combined with expert witness testimony to assert the or translate and explain the readings was able to help convict the defendant in the case of Frye and the United States setting a standard for the introduction of expert witness testimony (G.J. Annas 1994). The rule for the Frye standard is witnesses that are experts or skilled may present their opinions as admissible evidence in cases whereas an inexperienced person may not have the ability to provide the right judgment in cases involving science, arts or a trade which requires expert or experienced individuals to explain and understand the intricacies of said science, trade or art. Therefore if the question relies on the knowledge of someone who is an expert or experienced in that art, science or trade and is not considered common knowledge then the opinions of those experts are admi ssible as evidence according to the Frye Stand (Cornell University Law School, 2014).Show MoreRelatedHow Does Linguistics Contribute The Legal System Of The United States?1316 Words   |  6 PagesAccording to the Merriam Webster dictionary, a forensic science applies scientific principles to criminal justice pertaining to collecting, examining, and analyzing physical evidence (Merriam). For example, some types of forensic sciences that used during the proceedings of a criminal case are forensic DNA analysts and forensic toxicology. Forensic DNA analysts provide biological information in relation to a specific investigation (Forensic DNA). 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As science is responsible for making us understand the natural world. Science is completely based on data and concepts which are together called scientific methods. Where law serves as system to find the truth via fair trial and decision of judge or jury. Q.2 What type ofRead MoreEssay on Criminal Justice Fields982 Words   |  4 Pagesenormous amount of research on many of the fields of criminal justice narrowing it down to three: Forensics, Probation/ Parole and Homeland Security. For me personally, these are the best three choices given their potential for being challenging. Forensic science is the application of a broad spectrum of sciences to answer questions of interest to a legal system. 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Some people believe that forensic science has evolved well enough and has now become a legitimate way to know what happened during a crime. Other people believe that it is an inaccurate method of determining what happened during a crime and that it is not appropriate to present as evidence and should rely on ot her methods instead. One of the definitions of forensic scienceRead MoreCsi Effect Essay1231 Words   |  5 Pagesincreasing rapidly and many techniques have been created over the years in order to solve major crimes. Forensics science is one of the many techniques that have been created. Forensics is the use of science and technology to investigate and establish facts in criminal courts of law (free-dictionary, n.d). But there is an upcoming issue which involves the exaggerated details of forensics science. This paper explores the CSI Effect, compares and contrasts criminalistics which involves the nature of