...Witness Requirement’s- The Frye and Daubert Test’s CJ305-01: Legal Foundations of Criminal Evidence Sigrid Hess June 3, 2013 Expert Witness Requirements This article will briefly review the applicable standards of the admission and exclusion of expert testimony in the Federal Court. The guidelines discussed in this article, principally pertain to the subject of the reliability of the methodology supporting the submitting of evidence. In addition, the qualifications of the proposed experts in the pertinent field of expertise, and the relevancy of evidence from expert’s .These areas also offer opportunities for confronting the opponent’s case by excluding the evidence on the grounds of; lack of expert qualification of the witness or the lack of relevance of the testimony to the facts of Court Cases. I. Discuss the Frye and Daubert tests Frye Test: Frye v. United States was a case in 1923 U.S. v. Frye, 54 App.D.C. 46, 293 F. 1013 C.A.D.C 1923. Retrieved from: Westlaw.com. , in which James Frye was tried for murder and in his defense he produced the testimony of an expert with the result of a blood pressure test, in the expectation to prove that he was speaking the truth when he did not accept his guilt. This deception test was intended to tell if a person is being dishonest or not. This case became a standard for judges while allowing admissibility of testimony of experts based upon scientific methods. Frye test is also referred to as Frye standard or general acceptance...
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...You Be The Judge 11.1, page 288 In a boundary dispute over the location of an underground spring, plaintiff calls a dowser to testify that he dowsed plaintiff's land and estimates a spring flowing approximately 500 feet beneath the surface. 1. Does this testimony constitute scientific knowledge? No, dowsing is not recognizes to be effective in the scientific community. 2. Should it be admitted under the Frye test? No, this would not be admitted under the Frye test because it has not gained general acceptance in the particular field in which it belongs. 3. Should it be admitted under the Daubert test? No, the judge to allow admittance the court requires the expert to tie there assessment to known scientific conclusions. Explain your reasoning. Dowsing is not recognized in the scientific community, it was the ancient art of finding things, there is no scientific evidence to prove that dowsing is effective. For it to be admitted under Frye it must be sufficiently established and have gained general acceptance under the scientific community. Under the Daubert Standard even though the dowser might have specialized knowledge in dowsing it can not be admitted because it does not contain facts or data that have been proven and accepted in the scientific field. The testimony must be based on reliable principle and methods. It is the role of the trial judge to ensure relevance and reliable scientific evidence to allow the testimony to be admissible. The testimony of the Dowser...
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...****Take note of points 2 and 6**** Title: Good grief: Lord of the Flies as a post-war rewriting of salvation history Author: Marijke van Vuuren 1. Introduction "It is a great pleasure to meet you, Mr Golding," said King Carl XVI Gustaf, presenting William Golding with the Nobel Prize in 1983. "I had to do Lord of the Flies at school" (Monteith, 1986:63). The Swedish king's words may well be echoed by countless people worldwide who have "had to do" Golding's first novel in various English courses. Indeed, this "unpleasant novel about small boys behaving unspeakably on a desert island" (1) may well have been done to death by exhaustive but reductive reading and teaching. Where Lord of the Flies has been read reductively, Original Sin writ large over it, readers have tended to respond to the novel in terms of its doleful view of humanity or its perceived theology. Its initial success reflected post-war pessimism, the loss of what Golding (1988a:163) has called his generation's "liberal and naive belief in the perfectability of man". Although the novel does not groan under a dogmatic burden to the extent that some critics have alleged, it has seemed the prime example of Golding's earlier writing, a tightly structured allegory or fable. … It is not surprising that the Bible's first and last books, on humankind's "origins and end" beyond the horizons of knowledge, turn to symbolic narrative. In Lord of the Flies Golding draws heavily on imagery from Genesis and the Apocalypse...
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...Examine Forensic Testimony Forensic evidence has become more and more important in the court case for proving the guilt or innocence of a criminal defendant. Due to new technology the world of forensics is becoming more and more advanced providing law enforcement with all types of new investigatory tools and ways for the court to prove or disprove guilt. It is essential for law enforcement agencies to have trained forensic personnel with the skills to properly collect the evidence first to ensure the evidence does not become lost, destroyed, or damaged and the forensic evidence is accepted in a court of law. Improper collection of evidence is only one of many potential challenges associated with forensic evidence but it is an important challenge that must be addressed. Forensic evidence is collected at the crime scene. If the evidence is not properly documented and collected it can be found to be unreliable in the court process. In order for forensic evidence to be accepted in a court of law it must be documented through sketches, photographs, and video tapings and it must be collected using accepted standard forensic collection methods. If evidence is not properly documented or collected the chain of evidence is broken and the court will exclude the evidence from the court case. The chain of evidence refers to an important aspect of forensic involving the movement of evidence. In order to show the court the evidence was located and collected at the scene...
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...The Morning Devours the Human Spirit Barry Dempster’s, “ The Morning Devours,” is a poem that is based on the life that surrounds him. His description of the setting is a key part in the poem, because he is explaining what events take place around him, and how eventually everything that happens in life gets “devoured” in the end, so we should escape our dreaded lives while we can and do something we love. We are scared to go against the system, and so we end up conforming to society. The poem creates a feeling of despair as the main theme centralizes on a universal event that occurs in each of our lives; a cycle of the same routines and rituals that we experience each day trapping us in a feeling of helplessness. It is evident from the first stanza the tone in which the poem will take as Dempster uses similes and figurative language to create a mood of hopelessness. For instance, Dempster compares the movement of the wind outside the house to a predatory bird (Dempster, 1. 1-2). This simile creates the illusion of an aggressive noise and an unpleasant atmosphere to awake to. Furthermore, the poet uses figurative language to depict the rays of sunlight streaming through the room by describing “the sun leaping through windows like a tiger” (1. 5-6). In most cases sunlight symbolizes hope and warmth, however, by comparing the rays of light to the fierceness of a tiger, the reader gets the impression that the sunlight does not signal the hope of another morning and a fresh start...
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...Davis’s argument that the health and education systems need to be enhanced in order to create safer environments and not increasing the prison populations reminds me of the quote from Matthew Hefti in our first reading in class where he states that incarcerated people are Prisoners of War. Both likeminded arguments explain the rock and the hard place incarcerated people are stuck between before they enter the system. I read “Oppression” by Marilyn Frye in my Women’s Studies theory class and in this reading, Frye describes this rock and hard place as “systematically related barriers and forces” and explains how those that are oppressed are molded, immobilized, and reduced due to these barriers. It is clear how not having access to a decent education...
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...“The Tyger” by William Blake is a lyric poem that depicts the nature of the creator and his creations. The poem is more about the creator of the tyger than it is about the tyger. In contemplating the terrible ferocity and awe-inspiring symmetry of the tyger, the speaker is at a loss to explain how the same God who made the meek, innocent lamb could create a horrifying creature such as the tyger. This essay will provide a detailed analysis of William Blake’s “The Tyger” paying particular attention, firstly to the extended metaphor in stanza’s 2, 3 and 4, secondly, to the poetic significance of repetition, in particular to the phrase “fearful symmetry”, thirdly, to the role that the rhythm and metre play in creating an urgent need to address the succession of the questions and lastly, the evocation of the sublime emotion of terror in Blake’s depiction of the Tyger. Firstly, the extended metaphor in stanza’s 2, 3 and 4, is comparing the creator and his creation of the Tyger to a blacksmith and his creations. A blacksmith that makes use of tools, such as the “Hammer,” “chain,” ”furnace,” and “anvil” in creating objects out of hot metal. The blacksmith represents a conventional image of artistic creation; here Blake applies it to the divine creation of the natural world. This is evident in L5:”In what distant deeps or skies”, refers to an otherworldly (“distant”) place, perhaps a kind of hell (“deeps”) or Heaven (“skies”). The “distant deeps or skies” bring to mind the concept...
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...The arrest of Marquette Frye was not just a typical drunk driving arrest. This arrest was the first of nearly 4000 arrests made that week.On Wednesday August 11th, 1965, Marquette Frye was driving down the road when he was stopped by police officers on suspicion of driving under the influence. Frye was pulled out of his car with excessive force and taken into police custody. Surrounding people noticed this arrest taking place. Word soon spread that yet another black male was taken into police custody with excessive force by police. After these events, from August 11th through August 18th there were multiple riots in the predominantly black Watts neighborhood of Los Angeles. These were the most fatal riots in the LA history (before the Rodney...
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...FRYE v. UNITED STATES, 293 F. 1013 (D.C. Cir. 1923) ISSUE(S): Could the results of the deception test be used as evidence? FACTS: • Frye was convicted of second degree murder. • Before the trial, Frye took a deception test to prove his innocence and presented an expert witness to testify on the results. • The prosecution objected, and the court sustained the objection. • Frye argued that the opinions of experts is admissible in those cases in which the expert can clarify the issue in order for judgment to be made. HOLDING(S): Expert testimony must be based on well-recognized scientific principles, and be generally accepted in the community to which it belongs. REASONING: The deception test had not gained such standing and scientific...
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...Whorwell 1 JoEllen Whorwell ME 1352: Anatomy and Physiology II Maggie Lilly, RMA October 24, 2011 Emphysema and COPD Chronic Obstructive Pulmonary Disease (COPD) is a condition when the cells lining the lungs swell to a point at which they restrict air flow. COPD has doubled over the past two decades, and is the nation’s fourth cause of death in the United States. Because of the blocked air passages, it causes a strain to the heart. COPD increases the blood pressure in the lungs called pulmonary hypertension, and can make the heart enlarge. Emphysema is a lung disease that is classified as COPD. Emphysema causes irreversible lung tissue damage. Emphysema involves permanent damage to the alveoli (air sacs) in the lungs that are destroyed and lose the ability to stretch. This leads to insufficient exchange of gases. Carbon dioxide stays in the lungs and has less room for oxygen. As a result, the body does not get the oxygen that is needed, and this causes difficulty in breathing. COPD and emphysema are preventable. In North American tobacco use is the primary cause of COPD, but air pollution, asthma, and respiratory infections also play a role (Thibodeau and Patton pg. 477). However, emphysema does have an inherited disorder called alpha-1 antitrypsin deficiency. This is a substance that is made in the liver and is released in the bloodstream. It helps protect the lungs against damage from other chemicals in the blood. Having alpha-1 antitrypsin deficiency means that the...
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...CASE INTRODUCTION AND CONTEXT: Main character of the case: Maureen Frye who joined the company Quaker Steel and Alloy Corporation after graduating with an MBA from Harvard Business School. She joined the company first as a trainee moving on to be a market analyst and eventually became an assistant product manager for Titanium Alloys which is her current role. Her background is in marketing and finance. Maureen is responsible for coordinating the efforts of the salespeople selling extruded titanium alloy products which amounted to $300 million in 1995. Maureen had to face some difficulties in her current role mainly being: there are few women managers at Quaker, she was hired as an outsider, she had to learn the Quaker way of working, she has less experience in the field and only knows a small number of the salespeople well. A brief overview of the company: Quaker Steel and Alloy specializes in high-margin and high quality metal alloys. The company has a strong philosophy for servicing and assisting customers. They enjoy customers’ loyalty in spite of the higher margin charged. The company has a small-town feeling, work culture is friendly and open. There is lack of hierarchy and managerial positions are usually filled from within. Issue on hand: Maureen has been asked to roll out an action plan for adjusting the call patterns of the salespeople. Presently the salespeople spends a large portion of their time on small business accounts. Maureen had attempted earlier...
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...Maureen Frye, an assistant product manager at Quaker Steel & Alloy Corporation, was given a mandate to develop a plan to change the call patterns of salespeople responsible for selling extruded titanium alloy products. Her previous attempt at this in 1994 had failed, and in December 1995 she was instructed to come up with an implementation plan that would work. Quaker’s strategy to specialize in high margin, high quality metal alloys had seen them become one of the major manufacturers of specialized metal alloys. A large company with a small town, friendly feel, where the culture was one which encouraged participation in decision making and abandoned rigid hierarchical structures. The company philosophy was very customer focused, aimed at providing the best technical service and customer assistance available. This enabled Quaker to set higher prices and benefit from higher margins, leading to larger sales revenues in 1993 despite a reduction in actual quantity sold. Even Quaker’s competitors viewed them as ‘being very different from other manufacturers of steel and alloyed metals’ . This differentiation was a result of the original founders of the company, both were Quakers. Our analysis of the case highlights a number of mistakes behind the unsuccessful execution of Maureen’s plan. She knew that there were very few female managers and there was a tendency for these women to only occupy the lower level management positions both at Quaker and in the industry. She had discussed...
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...In the book, “Whiteness of a Different Color” by Matthew Frye Jacobson, the author concludes that “racism is fundamentally a theory of history. A theory of who is who, of who belongs and who does not, of who deserves what and who is capable of what.” In the play, “Bengal the Tiger at the Baghdad Zoo,” by Rajiv Joseph, racism is a theory of history play a part in the play. Their race relations were deeply implanted in their history and their destiny was determined by their compulsions. The bawdy and dark story began with the lives of two young American Marines that were assigned to guard the Baghdad Zoo. The play took place during the American invasion of Iraq, which has a huge factor in the play. The characters from this play were...
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...Ernesto Burguera Alejandro Estrada Wilmer Marquez Ignazio Russo Alexander Valdes . Team # 3 Sales Management at Pilgrim Drug 1. Whether or not Pilgrim’s salespeople in the Syracuse district should be redeployed into new territories – and if so, why? Pilgrim’s salespeople in the Syracuse district should be redeployed into new territories otherwise Thomas will not accomplish his goal, which is to increase by 20% in sales. It is a tough decision because he might lose his senior sales reps. which are the ones with higher experience and higher quantity of clients (network). At this point he needs to decide if he wants to stay as it is or if he wants to increase sales, and he needs to be sure that his strategy will be worthwhile, otherwise he can not only lose two sales reps but also decrease companies’ sales numbers. Thomas already knows that Taylor, Howard, Harrington, Donnelly and the three trainees agree with redeploying into new territories and since they are “green” they will adapt to whichever strategy Thomas has, and that will help Thomas accomplish his goal. Also, the newer sales representatives and trainees are going...
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...Even though grief, mourning, and bereavement are interconnected, they are all different in its unique ways, it demonstrates what the person feels when death has occurred, how the person copes with death. People deal with grief, mourning, and bereavement differently because everyone has different religion and cultures and have their own ideas and rituals about death. In the poem, Do Not Stand at My Grave and Weep by Mary Elizabeth Frye, demonstrates that some of the wishes of a person who dies is not seeing their loved one cry on their grave or be sad in any way and to remember that they will always be there with them even if it’s not physically. Kastenbaum states, “that we are bereaved when a person close to us dies” (Kastenbaum, 342)....
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