In some instances, the state statutes are based on older versions of the federal statute, which explains the omissions of some clauses. North Carolina has added an extensive section to Rule 702 in order to govern the use of expert testimony in cases of medical malpractice. While this is a matter of state jurisdiction, South Carolina has taken no steps towards implementing these testimony regulations to its own Article VII. One difference between the federal statute and those in both of the Carolinas is that the federal statute has retained the clause in Rule 703 that states "Facts or data that are otherwise inadmissible shall not be disclosed to the jury by the proponent of the opinion or inference unless the court determines that their probative value in assisting the jury to evaluate the expert's opinion substantially outweighs their prejudicial effect." This clause was in Rule 403 during the Christophersen v Allied-Signal days, but the federal code has moved it to Rule 703. In South Carolina this clause remains in Rule 403, as it does...
South Carolina's code sticks the closest the federal code, but Rule 403 shows evidence that the states have yet to modernize their codes and bring them in line with federal statutes. Neither state has chosen to address the issue of expert witnesses providing opinion in insanity cases either. All told, however, there are more similarities than differences within these statutes.
[4] In connection with expert witnesses and evidence, the most significant has been the Daubert case of 1993. Prior to this case, federal and state court judges had only two standards on which to determine the admissibility of evidence. The first one was relevance and the other was known as Fyre standard according to which only scientific information, which was generally accepted by the community, would be admitted. Opponents of
4). Though there has been a requirement to disclose those contributions since January 1, 2008, over the past 18-month period, ending June 30, 2009, over $56 million has been given to organizations and events that honor lawmakers and administration officials (Roth & Knott, 2009). Many of the donations are questionable. In 2008, Boeing donated $9.2 million, including support for the Johnstown Symphony concert honoring democrat John Murtha of Pennsylvania, who happens
There may be instances where the lay person's testimony would be difficult to understand for any number of reasons, but the opinion would help to clarify the testimony for the court. The opinion must therefore be directly related to the case. Superfluous opinion evidence is inadmissible; it must provide genuine value to the court's understanding of the case. In South Carolina, the added c) clause implies that in addition to
Federal Mandatory Minimum Drug Sentences and Their Impact on Recidivism There is much controversy regarding mandatory sentencing and its impact on the American society throughout recent times. In many ways, prisons are used as a means to control crime, to protect society from it, with criminals being deterred from continuing to commit illegalities as a direct result of the time they spend behind bars. Mandatory minimums were generally introduced with the
Some of the most important tools in the arsenal of the fire investigator include the senses of smell, touch, and physical manipulation. Likewise, the process of logical deduction often provides the correct forensic analysis of the evidence. Under Frye, crucial expert witness testimony relating to the practiced synthesis of the totality of circumstances disclosed by meticulous investigation is often excluded from use at trial. Certainly, Daubert provided additional flexibility of possible
Federal Reserve The key information in the January 14, 2004 Federal Reserve summary ranged from mildly encouraging to 'no change' as far as the economy was concerned. Virtually all areas were experiencing small amounts of employment growth, although there were pockets of decline as well. ("Beige Book," January 14, 2004) In fact, retail sales were up a small amount, mainly because upscale retail stores were having a good season, although the lower
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