FORENSIC SCIENTISTS, EXPERT TESTIMONY Notes 1.3

Objectives 1. Explain the role and responsibilities of the expert witness. 2. Compare and contrast the Frye and Daubert decisions relating to the admissibility of scientific evidence in the courtroom.

Function of the Forensic Scientist Skilled in applying the principles and techniques of science to analyze physical evidence Analysis is free of inherent error or bias Provide testimony Train others in the recognition of physical evidence

Expert Testimony Must be skilled and experienced Demonstrate ability and competence Training, years of experience Must have sufficient data or facts Must have used reliable principles and methods and applied them to the facts of the case

Determining the admissibility of evidence Frye Standard  court must decide if the questioned procedure, technique, or principles are generally accepted by the scientific community Federal Rules of Evidence  Document, Alternative to the Frye Standard  More flexible standard for admitting scientific evidence  Governs admissibility of all evidence in federal court

Daubert vs. Merrell Dow Pharmaceutical, Inc. Ruled that the Frye Standard was not absolute prerequisite to the admissibility of scientific evidence under the F.R.E. Assigned the trial judge as gatekeeper  Given the task of ensuring that an expert’s testimony rests on reliable foundation and is relevant Applied only to federal cases but many states use as a guideline.

Kumho Tire Co., Ltd vs.Carmichael Gatekeeping of trial judge applies to all expert testimony

Coppolino vs. State Questioned the results of new procedures that have not been widely accepted Argued they should be inadmissible Ruling acknowledged that all scientific procedures were once new and unproven, Gave court duty to weigh admissibility of new procedures

In-Class Assignment/Homework 1.3 Review Questions – answer the following questions on your own sheet of paper using today’s notes and the textbook