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FSC360H5 (13)

Lecture #3

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Forensic Science
Hisham Ragab

Legal Standards and ProceduresWhether scientific is admissible in criminal cases depends onThe evidence tends to prove or disprove a fact that under the applicable lawThe expert presenting the evidence is qualifiedThe information is derived from scientifically acceptable proceduresWhether the potential for unfair opinion or time consumption substantially out weighs the probative value of the informationThe GeneralAcceptance StandardThe Frye StandardoThe proponent of the scientific evidence must establish that the underlying theory and methodology are generally accepted oIs it admissible in courtoCame from the admissibility of a polygraph testDaubertInstead of the Frye testThe court prescribed a broader framework for deciding whether proposed testimony has sufficient scientific validity and reliability Was based on a medication that was said to be safe for pregnant womenFirst scientific knowledgeSecond it must assist the trier of fact in understanding the evidence or determining a fact in issue in the caseThird that the judge would make the threshold determination regarding whether certain evidence should be heardReasoning or MethodologyHas the tech been tested in actual field conditionsHas the technique been subject to peer reviewpublicationWhat is the known or potential rate of errorDo standards exist for the control of the techniques operationHas the technique been generally accepted within the relevant scientific communityShould be examined by the court to see if evidence should be admissiblePreliminary assessment of whether the reasoning or methodology underlying the testimony is scientifically valid Expert Witness TestimonyBoth pros and defenseFindings or opinions of forensic expert wit may either be presented as reports or appear in courtForensic ExaminerSpecialized in a specific area
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