CJ 315 Ch. 11

Scientific evidence and testing

Evidence that has a scientific or highly technical basis, which requires an expert witness w/ specialized knowledge to assist the trier of fact to understand it

Effect of Kumho decision

-Examined language in Rule 702 underlying Daubert decision -Wording made no distinction between "scientific" knowledge and "technical" or "other specialized" knowledge -"Knowledge" is key word -Therefore, as a matter of language, Daubert decision applies its reliability standard to all scientific, technical, or "other specialized" matters within its scope

Effect of Daubert decision

-The court in Daubert said Frye test was outdated because of its exclusion of relevant expert scientific testimony -Frye allows questionable evidence as scientific like astrology- if it were based on general acceptance among astrologers -Daubert court wanted to focus on reliability of the testing and data -Trial judge is gatekeeper w/ responsibility of "ensuring that an expert's testimony both rests on a reliable foundation and is relevant to the task at hand" 5 considerations -Whether it can and has been tested -Whether the theory/technique has been subjected to peer review and publication -Known or potential rate of error -Existence and maintenance of standards controlling the technique's operation -Degree of general acceptance within the relevant scientific community

Precedent

A rule of law established by a court decision that sets a principle or is later followed by other courts -1923 Frye decision established _____ that expert opinion based on a scientific technique was inadmissible unless the technique was "generally accepted" as reliable the relevant scientific community

Daubert Standard

An adaptation of the relevancy test of determining the admissibility of scientific evidence by weighting probative value of scientific testing and its reliability against the test's potential for prejudice -Based on relevancy test and Rule 702

Relevancy test

Determines admissibility of scientific evidence and testing by weighting probative value and reliability of scientific testing against the test's potential for prejudice -After Federal Rules of Evidence were adopted, courts defied Frye "general acceptance" test to also ensure that scientific testing was reliable and that the results were relevant -Controversy as to what effect Federal Rule 702 had on Frye principle

DNA evidence

Example of newer relevancy test being used in court was 1990 decision involving the introduction of _____ _____ -Court rejected application of Frye in favor of relevancy test -Outlined factors to be considered when assessing whether a scientific technique is reliable 1) Potential rate of error 2) Existence and maintenance of standards 3) Care with which the scientific technique has been employed and whether it is susceptible to abuse 4) Whether there are relationships w/ other types of scientific techniques that are routinely admitted into evidence 5) Presence of failsafe characteristics *Important characteristic of relevancy test: Provided a "flexible standard that adapts to the exigencies of a particular scientific technique and case. Thus, when scientific technique is more likely to mislead/confuse jury, the test requires that a proportionally stronger showing of reliability must be made

Gatekeeper

Role of trial judge in ensuring relevance and reliability of scientific evidence -In Daubert, court stated that the role of trial judge in determining the admissibility of scientific evidence was to act as a _____ -Judge ensures that expert's testimony rests on reliable foundation and relevant to task at hand

General acceptance test

Scientific evidence is admissible only if the principle upon which it is based is "sufficiently established to have general acceptance in the field to which it belongs" -AKA Frye test (based on Frye v. US)

Abuse of discretion

Standard of review that an appellate court should apply in reviewing a trial court's decision to admit or exclude expert testimony under Daubert -After Daubert decision, federal courts wondered what standard of review would be applied by appellate courts in reviewing trial court's decision to admit/exclude expert testimony -Prior to Daubert, _____ __ _____ was review standard -1997: Supreme Court that this would remain the standard

Probative

That which tends to prove something -The relevancy test weighed _____ value of scientific testing against the test's potential for prejudice -In 1985 case laid groundwork for this new test -Court stated that admission of scientific evidence requires exam of 1) Soundness and reliability of process/technique used 2) Whether admitting the evidence would overwhelm, confuse, or mislead the jury 3) Proffered connection between scientific research or test result to be present and particular disputed factual issues in the case