forensic evidence in court and court process
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what is one of the goals of the crju system
identification and apprehension of individual guilty of crimes
what is the main goal for a forensic examiner
to produce an opinion which may be used in testimony to either support or refute a fact aka be a expert witness
information must be ____ & _____ in order to accepted and usable in court
reliable and relevant
define relevance
information decided by the judge and rends to be binary: either the testimony may be given to it may not be.
what is tied to relevance
probative
reliable
he amount of reliability will often go to the weight attributed to the testimony, and not just the admissibility of the evidence
communication may be in a
written or oral form
why are conviction overturned
procedural irregularities new evidence coming to life serious error
what is a source unreliable scientific evidence
-experts testifying outside of their area -testimony that is not impartial -incorrectly examined -inapproatie amount of weight is given to an aspect of evidence -human error
what are sources of errors for forensic examiners
examiners instruments methodologies
unethical behavior is
unethical
human error could be
from incorrectly analyzing a piece of impression evidence, to not using proper methods, or not understanding the limitations of an examination when forming an opinion
actus reus
a criminal act
mens rea
criminal intent
concurrence
the union of acts reus and mens rea
causation
act is the cause of the harm: either facts or proximate
harm
act causes injury to another
what are the standards of evidence
beyond a reasonable doubt preponderance of evidence probable cause
hearsay
an out of court statement offered to proved the truth of the matter asserted in the statement
what is forensic evidence
any evidence based on science technique or expert evaluation entered evidence in trial
what did daubert do.
expanded general expectance and added the error test. five standards.
frye case
frye set general accpectance
komotire
702 applies to any technical evidence and anything that deals with an expert