...The day to day implementation of expert evidence on people still takes place in law, and in some cases without any sufficient evidence against these people. The purpose of this essay is to find the rules of the expert’s evidence opinions in criminal law and how the experts can present the evidencein any case. What is the procedure of the judge which can accept the expert witness opinion or to test the evidence before admitting it to the court. Recognising the issues which have happened in the past due to expert witness evidence without any sufficient proof and whether it is real evidence or margin evidence. Consequently, a lot of people areaffected by the law and causing some people to enter jail without evidence against them. In this essay...
Words: 2196 - Pages: 9
...In his trial for felony murder, the defendant maintained his innocence and claimed that the victim choked to death. Although a non-testifying expert created an autopsy report, it was not introduced into evidence. The questions before this Court are (1) whether the testifying expert violated the Confrontation Clause when he (a) opined about the victim’s cause of death and (b) recited his stomach contents, and (2) if so, whether the violation harmed the defendant. BRIEF ANSWER Dr. Dyer’s independently-derived opinions did not violate the Confrontation Clause because they were subjected to the defendant’s cross-examination. However, Dyer’s testimony on the stomach contents is a violation of the Confrontation Clause because it was based on the...
Words: 1789 - Pages: 8
...What is the role of the expert witness in the trial and to what extent do such witnesses fulfil this role? In understanding what expert witnesses do, one has to first establish the definition of an expert witness. An expert witness can be defined as “a person who can provide information and opinion from the body of knowledge that makes up their own expertise.” An example of an expert witness would be a psychologist. As a general rule laid by Lord Mansfield in Folkes v Chadd, “the opinion of scientific men upon proven facts may be given by men of science within their own science. In this essay, the term expert witness is going to be put under the microscope, divulging into the many aspects and rules of an expert witness and the opinion they give. A In the Criminal Procedure Rule, it terms an expert witness a person who is required to give expert evidence for the purpose of criminal proceedings, including evidence that is to determine the fitness to plead or for the purpose of sentencing. For example one may call on a police officer that is experience in collision investigations may offer his expert opinion on how the accident transpired. There are also times when an expert witness is not required, where a judge or jury can form his or her own views and inferences without the help of an expert. Expert witnesses can be called to testify on a variety of issues, such as DNA analyses, engineering, architecture, handwriting, fingerprints, psychologists, pathologist, etc. “When...
Words: 1570 - Pages: 7
...Daubert Paper Lisa Boetta Acct343-F1WW Tricia Bell October 27, 2013 The Dauber standard is the standard used by trial judges to determine if an expert witness’ testimony is based on scientifically backed up reasoning and if it can be applied to the facts of the case at hand. There are multiple factors to determine if the criterion has been met. They are: “(1) whether the theory or technique in question can be and has been tested; (2) whether it has been subjected to peer review and publication; (3) its known or potential error rate; (4) the existence and maintenance of standards controlling its operation; and (5) whether it has attracted widespread acceptance within a relevant scientific community”. (Daubert Standard) In Daubert vs. Merrell Dow Pharmaceuticals, suit was brought against the makers of Bendectin. It was alleged that the drug caused serious birth defects in children whose mothers had taken it while pregnant. Copious amounts of published scientific literature stated that there was not a link between the consumption of Bendectin and birth defects in humans. Eight well credentialed experts testified that Bendectin can cause side effects in animals as well as in humans, however, their testimony was deemed by the court to not meet general acceptance standards for the admission of expert testimony. Since their findings have not been published by the scientific community, they were not considered to be generally accepted (Daubert v. Merrell Dow Pharmaceuticals...
Words: 1482 - Pages: 6
...knowledge and skills to medico- legal issues, in order to assist the trier of facts in the proper dispensation of justice. Courts routinely call upon physicians to give expert testimony in a trial, especially concerning the findings of an autopsy and the results of laboratory tests. He is deemed an expert witness for which he is allowed to express an opinion about the validity of the evidence in a case and may quote the statements of other experts in support of an opinion. The evidence to be presented by the legal medicine expert must signify a relation between the facts and proposition to be established. 2. A.) What is the importance of determining the kinds of physical injuries as defined under the Revised Penal Code in the filing of a case? Under the Revised Penal Code, Articles 262- the Article on mutilation to...
Words: 1656 - Pages: 7
...punishment has been justified for serious crimes as murder with the argument that the death penalty deters potential killers from murdering people (Lanier & Acker, 2004). Critics have argued that the capital punishment offers a psychological release from conformism by reinforcing the idea that executing murderers will lead to a cumulative increase in safety in a society. Throughout history, the community has shown the highest interest in the death penalty as the toughest punishment to mitigate murder. However many countries in the world have abolished the death penalty...
Words: 1717 - Pages: 7
...Subspecialities of Forensic Psychology: Legal Psychology and Correctional Psychology Antonella Zavala MISSOURI VALLEY COLLEGE CJ240 ABSTRACT Forensic psychology is the science that studies the individuals offender’s behavior. Forensic Science has other sciences that coordinates its goal such as Legal Psychology which will decide whether an offender is on conditions to go or not to court and correctional psychology that will follow the behavior and rehab on an offender Introduction In the show Criminal Minds on A&E, they show a dramatize version of what very few talented people do daily. Although, it is not what really happens it gives people a light overview on something that is more realistic and detailed. Solving a case, analyzing an offender takes time and a lot of research on the individual. However, their job does not finish when they catch the bad guy because that is just the beginning of a long work on rehabilitation to prevent by analyzing the motive of every offender and been able to prevent more crimes of occurring. Legal and Correctional Psychology follows the behavior of the offender during their time inside and outside the correctional with the only purpose to understand what lead them to offense in order to prevent more murders, suicide , child abuse and so on. In America, Forensic Psychology plays an important role in the Criminal Justice System, with special focus in Legal and Correctional Psychology. In the last 30 years Forensic Psychology...
Words: 1648 - Pages: 7
...1. Felix’s testimony that, on the way to the hospital, Oscar said “Marsha did this.” The testimony by Felix's admissible in court because Oscar made the statement under duress at the field that he was going to die so therefore with the fear of death upon him the court considers this statement a truthful statement and can be the hearsay Federal rule 804 as well Federal rule 803 (1) exception. 2. Oscar’s patient chart from the hospital, in which the doctor recorded Oscar’s statement that: “A friend gave me some brownies. They tasted a little funny, but I ate them. About ten minutes later, my heart started beating fast, this shaking started, and I had to vomit. Help me!” The emergency room’s head nurse will testify that the hospital has regular guidelines for documenting patient illnesses, and that Oscar’s chart complied with those guidelines. The head nurse did not hear Oscar’s statement; the doctor who treated him is not available to testify at trial. The medical records of Oscar can be used admit it as evidence under Federal rule 803(4) because it's Oscar's medical records and then also Federal rule 803 (5) entered in...
Words: 582 - Pages: 3
...of Case (California v. Simpson) O.J. Simpson was a start NFL player who was tried on two counts of murder for the June 12th, 1994 deaths of Nicole Brown Simpson, his ex-wife and her friend, Ronald Goldman. Nicole Brown Simpson and Ronal Goldman were fatally stabbed on June 12th, 1994, and discovered the next morning on her property in Los Angeles. (OJ Simpsons murder, n.d.) OJ Simpson did not turn himself in but instead became the center of attention in a pursuit in his white Bronco SUV. Simpson was charged and pleaded not guilty to both murders and he was held without bail as per the Judge. Multiple hearings were held, presenting evidence against Simpson in which many were overlooked. Many flaws were exposed in the trials and the judicial...
Words: 1157 - Pages: 5
...EVIDENCE OUTLINE Prof. Mark Bonner Fall 2012 |1 • INTRODUCTION | I. Trial Context A. types of evidence at trial 1. witnesses 2. real evidence – something tangible related to the case 3. demonstrative evidence – not part of the story, but lawyer wishes to show the jury something to demonstrate something about the case (e.g., experiment; picture of intersection) B. competing stories at trial – two ways stories can compete 1. factual differences 2. differences in inferences drawn from the same facts II. Policy Overview [values that the evidence rules protect] A. accuracy 1. rationality – does evidence have a rational relationship to the case? 2. reliability – is the evidence credible? B. efficiency – see FRE 403 C. fairness – rules should be party-neutral 1. but note: some rules exclude evidence to one party’s advantage (e.g., evidence that Δ fixed the steps after the accident excluded, b/c we want to encourage Δs to make steps safer) (e.g., Confrontation Clause, guarantees rt of accused in a criminal trial to confront witnesses brought against him) D. danger of misuse of information 1. one solution: limiting instructions 2. but sometimes we’re so skeptical of jury’s willingness/ability...
Words: 30878 - Pages: 124
...RULE 101. SCOPE; DEFINITIONS (a) Scope. These rules apply to proceedings in United States courts. The specific courts and proceedings to which the rules apply, along with exceptions, are set out in Rule 1101. (b) Definitions. In these rules: (1) “civil case” means a civil action or proceeding; (2) “criminal case” includes a criminal proceeding; (3) “public office” includes a public agency; (4) “record” includes a memorandum, report, or data compilation; (5) a “rule prescribed by the Supreme Court” means a rule adopted by the Supreme Court under statutory authority; and (6) a reference to any kind of written material or any other medium includes electronically stored information. RULE 102. PURPOSE These rules should be construed so as to administer every proceeding fairly, eliminate unjustifiable expense and delay, and promote the development of evidence law, to the end of ascertaining the truth and securing a just determination. RULE 103. RULINGS ON EVIDENCE (a) Preserving a Claim of Error. A party may claim error in a ruling to admit or exclude evidence only if the error affects a substantial right of the party and: (1) if the ruling admits evidence, a party, on the record: (A) timely objects or moves to strike; and (B) states the specific ground, unless it was apparent from the context; or (2) if the ruling excludes evidence, a party informs the court of its substance by an offer of proof, unless the substance was apparent from the context. (b) Not Needing...
Words: 49736 - Pages: 199
...Improper forensic science was responsible for 47% of wrongful convictions that eventually were overturned by DNA testing (Innocence Project, 2007). The errors in forensic science can be in many different forms, such as poorly conducted methods, untruthful experts, and under qualified forensic laboratories. Some forensic experts would use “junk science” methods, such as hair and fiber evidence or the form of false autopsies, which are disproven investigation techniques. They tend to use those fraudulent evidences in court. As for dishonesty, forensic analysts would testify in cases with little or no scientific validation in their findings. Underqualified forensic laboratories cause large miscalculations in DNA testing, where DNA testing is extremely sensitive and requires laboratories to be in pristine...
Words: 1294 - Pages: 6
...though, we will be looking at the role the psychologist will play in a murder investigation. The psychological autopsies are becoming popular for psychologists. This paper will go over what an autopsy is, how to do one, what you will put in a report, and the psychological issues that the close members will go through during this time. A psychologist may participate in the debriefing process in an investigation (Kurke & Scrivner, 2007). They will help interview witnesses and can conduct the psychological autopsy (Kurke & Scrivner, 2007). An officer will experience situation that could lead to issues that include the inability to cope or develop post traumatic stress disorder (Kurke & Scrivner, 2007). An officer may witness the death of a child or have to shoot someone (Kurke & Scrivner, 2007). The possibilities of those kinds of situations are endless (Kurke & Scrivner, 2007). Now is when the psychologist conducts debriefings to help officers deal with these situations (Kurke & Scrivner, 2007). During interviews it can be beneficial for a psychologist to help assist (Kurke & Scrivner, 2007). Since they are an...
Words: 2194 - Pages: 9
...Maulid Rezki BUS 201 12/02/2013 Court Paper Assignment Part 1 What courthouse did you attend? King County Court House What was the date? November 25, 2013 What was the judge’s name? Mary Yu What type of proceeding was it? (criminal or civil) Criminal What was the subject of the case (murder, personal injury, divorce, assault, etc)? Murder What stage of proceeding did you observe (direct testimony, voir dire, opening arguments, closing arguments, motions, expert witness testimony, ect.)? Trial , Expert witness testimony, witness testimony, motions. The court visit on Monday, November 25, 2013 was the second time I stepped in to the King County Superior Court in Seattle. I went there by car with two of my classmates around twelve o’clock. As usual people were lining up before the security check in. We had to put all our bags on a conveyor belt to go to through the x-ray check, just like any other security check in. After the security check, we asked one of the security guards about the locations for the cases that we wanted to watch. We checked the schedule and decided to watch a murder case. The person who work at the information table saw us wandering around the schedule, she spotted us and know that we are student. She gave us the directions to the room that the cases would be held. She was really friendly in answering questions for the first time and giving us basic court room manner. All other cases was already started about an hour before, the...
Words: 1311 - Pages: 6
...Submit a 3 page paper that 1) explains the difference between litigating an embezzlement case in civil court and criminal court, and 2) discuss the role of an expert witness/fraud examiner in each proceeding. There are two major factions of the United States court system: civil cases and criminal cases. Both take place in courtrooms all across the country, but there are several differences that separate the two as well as the role of fraud examiner in each proceeding. The major difference of the two in an embezzlement case is: 1) In a criminal court case, the opposing parties are the prosecutor, often the Assistant District Attorney, and the defendant, represented by a trial lawyer. In a civil court case, however, the opposing parties are the plaintiff and the defendant, both of whom are typically represented by attorneys. 2) In a criminal court case, the prosecutor must establish the guilt of the defendant, but in a civil court case, the plaintiff must only establish the liability of the defendant. In the former, the defendant is either guilty or not guilty of a crime, while in the latter, the defendant is either liable or not liable for monetary damages suffered by the plaintiff. For example, in a criminal court case, the defendant can be found guilty of money laundry his money, while in a civil court case, the defendant can be found liable for stealing someone’s car. In civil court cases, the plaintiff must only win by a preponderance of evidence, which means that the defendant...
Words: 1711 - Pages: 7