Legal

Why is Court Testimony monitoring necessary?

Necessary to evaluate the delivery of the analyst's testimony and to ensure that it is scientifically consistent with the findings documented in the case.

Advocacy

The act of pleading or arguing in the favor of something, or actively supporting a cause or proposal

As part of courtroom etiquette who should concerns and remarks be addressed to?

The bench/judge and not the opposing counsel.

Burden of Proof in a Civil Trial

The burden is initially on the plaintiff but may shift to the defendant.

Burden of Proof in a Criminal Trial

The burden of proof of the defendant's guilt is on the prosecution, and they must establish that fact beyond a reasonable doubt due to presumption of innocence.

How can evidence be admissible under the Daubert Standard?

The evidence must qualify as relevant under Rule 702 (which states the expert testimony must help the trier of fact to understand the evidence) and the evidence must be reliable.

Chain of Custody

The movement and location of physical evidence from the time it is obtained until the time it is presented in court.

What is Voir Dire?

The preliminary questioning of witnesses (especially experts) to determine their competence to testify

Appeal

The process in which cases are reviewed, where parties request a formal change to an official decision. Function as a process for error correction as well as a process for clarifying and interpreting the law.

Precedent set by Melendez-Diaz v. Massachusetts

The supreme court held that admission of the certificates violated the petitioners 6th amendment right to confront the witnesses against him.

Frye Standard

It states that expert opinion based on a scientific technique is admissible only when the technique is generally accepted as reliable in the relevant scientific community.

What court case extended the Gatekeeper's responsibility to determine admissibility of technical or other specialized knowledge?

Kumho Tire Co. v. Carmichael

Which ruling would determine the admissibility of subjects like economics, psychology and other "soft sciences"?

Kumho Tire Co. v. Carmichael

Background of Melendez-Diaz v. Massachusetts

Luis Melendez-Diaz was arrested while making a cocaine sale in a parking lot in Massachusetts. At trial, bags of the cocaine alleged to have been distributed by Melendez-Diaz were introduced into evidence along with drug analysis certificates prepared by the lab technician who analyzed the drugs and identified them as cocaine. A jury convicted Melendez-Diaz of distributing and trafficking cocaine in violation of Massachusetts law. Melendez-Diaz appealed, arguing that the State's introduction of the drug analysis certificates violated his Sixth Amendment right to confront witnesses against him. Prior precedent had held that so-called "testimonial" evidence cannot be introduced at trial unless the defendant has a chance to cross-examine the witness providing the evidence. Melendez-Diaz characterized the lab analysis as testimonial and argued that the technician had to testify on the results. The State argued that Massachusetts had previously held, in Commonwealth v. Verde, that lab reports were not testimonial.

Background of Daubert v. Merrell Dow Pharmaceuticals

This case arose when the parents of two children with serious birth defects sued Merrell Dow Pharmaceuticals, alleging that the birth defects developed because of an anti-nausea medication marketed by the company. The parents of the afflicted children cited eight experts who contested the results of previous studies that had concluded that the medication did not pose a risk of birth defects.

When do US Courts use the Frye/General Acceptance Test?

To determine the admissibility of scientific evidence.

Literal translation of "Voir Dire"

To speak the truth

Per accreditation requirements how often should court testimony monitoring occur?

Typically completed on a yearly basis either through court testimony observation or court officer evaluation

What issue was brought up during Daubert v. Merrell Dow Pharmaceuticals?

What is the standard for admitting expert scientific testimony in court?

Can someone other than a potential expert witness undergo Voir Dire?

Yes

Can non-parties request documents for discovery?

Yes, through subpoenas

What year was Daubert v. Merrell Dow Pharmaceuticals?

1993

What year was Kumho Tire Co. v. Carmichael?

1999

What year was Melendez-Diaz v. Massachusetts?

2009

Frye Standard Synonymous with what?

General Acceptance Test

What are some potential factors to be considered in order to prove reliability? (Daubert)

- Whether the experts technique/theory can be tested and challenged in an objective sense - Has the technique/theory been subject to peer review and publication - What is the potential rate of error of this technique/theory when applied and of the existence and maintenance of standards/controls - Has the technique/theory been generally accepted in the scientific community.

What year was Frye v. United States

1923

What year was Brady vs. Maryland?

1963

Background of Brady vs. Maryland

A Maryland jury found John Brady and Charles Boblit guilty of first-degree murder in the state Circuit Court of Anne Arundel County. Brady maintained that he participated in the preceding robbery, but not in the killing. At sentencing, both men received the death penalty. After trial, Brady learned that Boblit previously confessed to the murder, but the prosecution suppressed that evidence for Brady's trial. On appeal, the Maryland Court of Appeals held that suppression of the confession denied Brady due process and remanded the case to reconsider the question of punishment only.

Trials

A judicial examination of issues of fact or law for the purpose of determining the rights of the parties involved. May be for a judge or jury.

Discovery

A pretrial procedure in a law suit in which each party can obtain evidence from the other party my means of discover devices such as interrogatories, requests for production of documents, requests for admissions and depositions.

Hearings

A proceeding heard before a court or other decision making body. Often times shorter and less formal then trials. Usually conducted as oral arguments in support of motions, to either resolve the case without a further trial or to dismiss, etc. Limited evidence and testimony are presented at hearings.

Rule 702 (Daubert)

A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise if: (a) the expert's scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in issue; (b) the testimony is based on sufficient facts or data; (c) the testimony is the product of reliable principles and methods; and (d) the expert has reliably applied the principles and methods to the facts of the case.

Subpoenas

Are a writ ordering a person to attend court.

Affidavits

Are written statements confirmed by oath or affirmation for use as evidence in court (aka a written, notarized sworn statement).

Courtroom Etiquette (On-Site)

Arrive on time Turn off electronics Rise when the judge and jury enter/exit

When was the Frye standard adopted by almost all state and federal courts?

By the early 1970s, this was the standard for the acceptance of expert testimony in court

Parts of a Trial

Contains opening statements, calling of witnesses, cross examinations, and closing arguments.

Rules of Evidence (Law of Evidence)

Covers the rules and legal principles that govern the proof of facts in a legal proceeding.

What court case established the the 6th Amendment Confrontation Clause?

Crawford v. Washington (2004)

What significant court case established the Judge as the gatekeeper in admissibility?

Daubert v. Merrell Dow Pharmaceuticals

Courtroom Etiquette (Appearance)

Dress professionally

Precedent set by Brady vs. Maryland

Established that the prosecution must turn over all evidence that may exonerate the defendant (aka exculpatory evidence) to the defense. Withholding exculpatory evidence violates an individual's due process.

What does the Daubert Standard State?

Expert testimony is not required to be generally accepted within the scientific community. Instead admissibility must be based on the relevance and reliability of the evidence sought to be admitted.

Background of Frye v. United States

Frye appealed his murder conviction. He confessed then retracted his admission. At trial the court refused to let Frye introduce evidence about his truth through a systolic blood pressure deception test (a crude precursor to a polygraph). The court also refused to let Frye introduce an expert witness to testify about the deception test.

Admissibility of an Expert Witness under Daubert with Kumho extension

If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise.

Background of Kumho Tire Co. v. Carmichael

In 1993, the rear tire of a minivan driven by Carmichael blew out and the vehicle overturned. One passenger died in the accident and several others were severely injured. Subsequently, the Carmichaels' brought a diversity suit against the Kumho Tire Company and others, claiming that the tire was defective. A significant part of the Carmichaels' case turned on the testimony of Dennis Carlson, Jr., an expert in tire failure analysis. Carlson intended to testify to support the Carmichaels' conclusion that a defect in the tire's manufacture or design caused the blow out. To support this conclusion, Carlson used a methodology that was partly disputed. Kumho moved to exclude Carlson's testimony on the ground that his methodology failed to satisfy Federal Rule of Evidence 702.

Who other than a potential expert witness undergoes Voir Dire?

Potential jurors are questioned by the judge/lawyer to determine their suitability for jury service.

What are the 4 types of evidence?

Real, Demonstrative, Documentary and Testimonial

With regards to the judge, how should they be addressed per courtroom etiquette?

Refer to the judge as "Your Honor"

Chain of Custody (Legal definition)

Refers to the foundation the prosecution needs to establish for certain types of exhibits to be admitted into evidence.

Courtroom Etiquette (Mannerisms)

Stand/sit with good posture Minimal movements/hand gestures Remain polite Speak slowly and clearly Make eye contact

Outcome of Kumho Tire Co. v. Carmichael with regards to Daubert

The Kumho ruling maintained that the Daubert factors for relevance and reliability may be applied to all areas of expert testimony

With respect to the admissibility of the expert testimony what was the outcome of Daubert v. Merrell Dow Pharmaceuticals?

The Supreme Court vacated and remanded the lower court's ruling. The opinion overturned the Frye test and set recognized new guidelines for what kind of scientific evidence would be admissible in court.