¶ … 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 expert testimony. There is non-uniformity in terms of the rules that evolved and the required standards concerning expert testimony, because they vary based on the jurisdiction. A number of times juries have been asked to provide a decision between the conflicting testimonies that have been provided by two or more expert witnesses, with the court either failing to give guidance or give little. Just as pointed out more than a century ago by Judge Learned Hand, "how can the jury judge between two statements each founded upon an experience confessedly foreign in kind to their own? It is just because juries are incompetent for such task that the expert is necessary at all." An ever-growing debate existed in the last half of the twentieth century regarding the standards that has to be applied to expert testimony as well as the safeguards that has to be applied in preventing abuse.
From the start, it is important to recognize the fact that there are three general areas of expert evidence. The first is on pure opinion expert evidence, the second is on scientific expert evidence, and the third is on non-scientific expert evidence, (Gordon J. Beggs, 1995). The governing rule of the admission may vary in each of them, both in terms of the standard for reviewing decisions of the trial court and the standards for admission. In every jurisdiction there a different formulated tests for admission...
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
Expert Determination By glancing at the economies and the trading patterns of the world it can be deduced that the investments made in the petroleum business, forms a radical majority; as it involves huge and many a times capital intensive projects. The facts indicate that the conditions, economies and the states that form the parties to the oil and gas contracts change integrally, this variation causes disputes. Energy in today's world
Witnesses, Cross Examination, Physical Evidence 1 The scriptures confirmed my views about how criminal procedure should operate according to each topic. Deuteronomy is clear about needing more than one witness, which aligns with common sense. To prevent a “he said, she said” type of argument in court, it is necessary that there be other supporting witnesses. However, as Loftus (1980) has shown, even eyewitness testimony can be unreliable for a number of
Courtroom Psychology This assessment addresses forensic psychological assessment. This question addresses some of the differences in forensic psychological work and clinical work. Most forensic psychologists are clinical psychologists who specialize in forensic work. These clinicians bring their clinical skills to the forensic assessment; however, there are unique circumstances in the forensic assessment that the clinician must consider. For example, it is infrequent that a client would lie, malinger, or withhold information
Miller admitted that there were three main models used to test for such causation, but also admitted that he did not use them. The plaintiffs clearly thought that by putting an MD on the stand who would agree with their case, that would be sufficient. Perhaps they felt a jury would be sympathetic to their case, if the decision came down to a proverbial "battle of witnesses." However, in
Let such programs fund themselves through private charitable contributions. If they're justified they'll survive. Laws and policies should be reformed so they protect all the rights and due process for both men and women equally. In concluding, justice and fairness can only be attained and preserved where we rely on the judgment of people as jurors. When we subtly suggest that they defer to expertise in human behavior for a judgment
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