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 avenues capable of establishing foundational qualification of expert witnesses, but insufficiently to redress the problem.
Conclusion - Carmichael, Federal Rule 702, and Implications for Fire Investigation: The 1999 Carmichael case finally resolved the conflicting standards articulated under Frye and Daubert and their progeny since 1923 and 1993, respectively. In Carmichael, the Supreme Court specifically departed from the Frye standard and expanded the criteria introduced by Daubert to include non-scientific evidence as well as scientific evidence, suggesting that the Daubert court had never actually intended to restrict its ruling to the latter exclusively (Burnette 2008).
Carmichael emphasized the fundamental similarity of Daubert criteria to the purpose and effect of Federal Rule 702 (Burnette 2008) and recognized that certain fields of scientific and non-scientific expertise are demonstrably relevant and sufficiently reliable to satisfy the purpose of expert witness foundational qualification in principle. The impact of Carmichael on modern fire investigation expert witness testimony...
[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
legal issues faced by expert witnesses and the impact the Frye test has on scientific evidence proffered at trial. This essay also covers the decision that was reached by the courts concerning the fate of expert witness and expert testimony and some of the legal issue that affects the case. Generally, every case which involves technical or scientific issues, or professional standards, will always need expert witness as well as
The play "Inherit the Wind" changes the real-life script. In the real "Scopes Monkey Trial" Clarence Darrow defends John Scopes and William Jennings Bryan serves as the prosecutor. This was a clash of legal titans, if you will, because Bryan had run for president of the U.S. several times. Actually Bryan can be seen now as a brilliant buffoon, arguing that the Bible trumps science. Is the play sympathetic to the
41+). Loftus notes that science has found "post-event information" is integrated into what most people have actually experienced because, "when people experience some actual event -- say a crime or an accident -- they often later acquire new information about the event. This new information can contaminate the memory" (Loftus, 2002, March, p. 41+). In addition, many false memories are created, deliberately or by accident, in response to leading questioning
Section I Provide a list of people you believe should be interviewed for this investigation and how they relate to the investigation. What information could they possibly supply? For this investigation, there will be need to interrogate a number of persons. In so doing, I would be concerned with two key aspects that relate to the investigation: work-related aspects and aspects not related to the workplace. With regard to work-related aspects, I
Crime Scene Evidence Laying the Foundation for Crime Scene Evidence In recent decades, significant advances in forensic technology and communications have revolutionized the art of collecting, sharing and using evidence to prosecute and convict accused criminals. These advances definitely make it easier for law enforcement (police and prosecutors) to put criminals away, but this not at the expense of the accused's constitutional rights to a fair trial. Therefore, courts have established different
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