Evidence law Essays

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

Daubert vs. Merrell Dow Pharmaceuticals(1993); This case was not about polygraph, but it did something very important that affected polygraph. It loosened the rules of evidence from the 'general acceptance' Frye ruling in 1923 and stated that 'general acceptance' was NOT a necessary pre-condition to the admissibility of scientific evidence. Instead, the Daubert decision placed the decision making power in the trial judge's hands to "ensure that an expert's testimony both rests on a reliable foundation

II. LEGAL STANDARD Proposed expert testimony is inadmissible unless it satisfies three prerequisites under Federal Rule of Evidence 702. Lauzon v. Senco Prods., Inc., 270 F.3d 681, 686 (8th Cir. 2001); Kruszka v. Novartis Pharm. Corp., 28 F. Supp. 3d 920, 925–26 (D. Minn. 2014). “First, evidence based on scientific, technical, or other specialized knowledge must be useful to the finder of fact in deciding the ultimate issue of fact.” Kruszka, 28 F. Supp. 3d at 926. In other words, the witness

ARGUMENT Adnan Syed should be granted post-conviction relief, because Christina Gutierrez failed to request evidence and failed to investigate Adnan's alibi, Asia McClain. Mr. Syed was sentenced to life in prison when his past trial counsel (Christina Gutierrez) made outstanding errors. Ms. Gutierrez failed to request potential evidence of the defendant Adnan Syed. Such as not testing DNA evidence that was present at the crime scene. She also disregarded to seek a potential suspect, such

surveillance after the serial killer started dumping bodies in the Chattahoochee River. One night the surveillance team heard a loud splash and followed a vehicle and identified the potential suspect as Wayne Williams. He was released due to lack of evidence to detain him but it was only two days later when the authorities found another body in the river. This victim was identified as Nathaniel Cater whom was reported missing. The forensics

Serial, a podcast produced by Sarah Koenig, has brought the fifteen year old case of Adnan Syed back into deliberation. Public interest in the murder of Hae Min Lee has risen exponentially and there have been conflicting views on the innocence of Syed. On February 13, 1999, Hae Lee disappeared and her body was found in Leakin Park, just outside the city of Baltimore, Maryland. Adnan Syed, her ex-boyfriend, was the prime suspect and indeed, a Baltimore jury sentenced him for life on February 25, 2000

towards young, 17 year old, Adnan Syed. Adnan’s case is a complex one, there’s not a lot of evidence against him, however there are a lot of coincidences that happened the day of Hae’s disappearance. The question everyone's asking is, did he do it? Here’s the controversy; Adnan became a suspect to the Baltimore police because he had broken up with Hae prior to her disappearance, yet there was no physical evidence on Hae that led Adnan to be the murderer. In Hae’s diary, all she wrote about was how much

a murder is the ex-boyfriend, but how can he be charged when evidence proves otherwise. On January 13th, 1999 Hae Min Lee was found murdered and buried in a forest, Leakin Park. Hae could have been murdered by many people, but the jury settled on the killer being Hae’s ex-boyfriend, Adnan Syed. Adnan Syed should not have been found guilty under the circumstances of, the motive, unreliable cell phone tower evidence, Asia Mcclain evidence, life after the break up, and Jay’s inconsistencies; therefore

The prosecutors in the Wayne Williams case presented evidence and witnesses in the case. None of the witnesses, in this case, witnessed Wayne Williams commit any murders. The witnesses were there to testify about what they noticed Wayne Williams do, that was not normal or unusual. The testimony which was the most damaging was Angelo Foster who was a former press secretary to the mayor. He gave information about a conversation that he had with the defendant’s father. This conversation took place at

narrated by Sarah Koenig there is the case of girl, Hae Min Lee, who was murdered back in January of 1999. The case was very complicated and is now being re-investigated. Hae's ex-boyfriend, Adnan Syed, was charged for her murder even with the lack of evidence in the investigation. There are many different presumptions made about the case, most of which point a finger at Adnan Syed. But, Adnan’s character, not having a motive, and the way he has claimed his innocence for many years are what portray his

kitchen. In the testimony Samantha was able to determine the type of force that was inflicted on the victim, the sequence of events at the scene, if the event was a homicide, and the type of weapon involved. (Young. Pg.287) To determine what type blood evidence that was located on Mr. David. You must first have an understanding of blood and blood in flight must be gained. Also, the size and blood droplet is also dependent upon the object from which droplet is released. The outcome of the spatter bloodstain

officer regarding tire marks left in the dirt at the crime scene matched Brown’s car, resulting in Curtis Andrew Brown being convicted by a Coffee County jury on two counts of aggravated assault, but appealed the case stating there was not enough evidence to convict him. The victims were an elderly, married couple who owned a bicycle shop out of their home in Coffee County. In February 2006, Curtis Brown, with a friend, drove to the victim’s home to talk to them about selling a bicycle. While

The tape recorded statements and written statements are primary techniques of obtaining testimony and interviews. Tape Recorded statements are verbal and electronically recorded data used to present confessions and declarations on what was discussed at a meeting and may wholly or partly advise the person who made it. Written statements are non-verbal that has been signed by the witness. It is usually intuitions and opinions that can provide leads to the private investigators. Private investigators

This was not a crime about love, this was a crime about pride.” (serial ep 2 pg 29).The following reason of why i think he is guilty of killing hae’s is because The most incriminating piece of physical evidence against Adnan Syed was a fingerprint, or rather, a palm print. On a map. It was one of those big map books you buy at a gas station, police found it in the backseat of Hae’s car.yet many people think that since adnan and hae were going out for more

HER HONOUR: "Simon Gittany is charged with the murder of Lisa Cecilia Harnum on the 30th of July 2011. He has pleaded not guilty to that charge. On his application, I ordered that he be tried by a judge alone. The trial proceeded before me over four weeks from 21 October 2013. This judgment records my verdict and my reasons for reaching that verdict." (Australasian Legal Information Institute, 2013) At the time of Lisa Harnum's death, she and the accused were engaged and living together in an apartment

Plaintiff’s counsel attempted to rehabilitate Dr. Croston during deposition by asking him whether, based on his education and experience as a medical doctor and his experience reading IFUs, he believes himself to “have an expert knowledge as to what surgeons expect to be in an IFU regarding one of the medical devices that they use in surgery.” Id. at 148:13–15. However, Daubert and its progeny make clear that an expert’s generalized experience in one field is insufficient to qualify him as an expert

meaning that the beater was likely left handed. He also notes that no doctors brought to examine Mayella despite her injuries. I believe Mr. Heck Tate’s Testimony because he does not have a reason that he should lie, and it does not conflict with evidence presented later. He told the truth because there were no reasons to lie in his case. Bob Ewell says that he heard Mayella screaming from the Ewell house and ran inside. When he did he saw Tom Robinson on Mayella, and Tom fled the scene. He said

Physical Evidence by Kelly Grey Carlisle is a nonfiction essay of herself when she was finding about her mother who she thought was killed during a car accident but was actually murdered. Carlisle is not only learning what happened to her mother but also is learning about her identity as she learns about her mother since she died when Carlisle was only a baby. This essay is not so much of a happy go lucky story but more about despair and real-life situations that can happen to anyone. The tone mainly

the deep south. This was around the time when the Jim Crow Laws were still intact and black people were not still considered people and they would still lynch black people. If a black man was accused of any crime involving a white person the jury would take the white man's word over the black man’s word. These exact things

piece, but the article falls short in the author's overuse of pathos and limited evidence to support her claim. Silko begins building her argument with anecdotal evidence and reputable sources, citing convincing facts, and successfully utilizes emotional appeals; however her attempts to appeal to readers’ emotions weaken her credibility and ultimately, her argument.    Throughout the essay Silko provides anecdotal evidence and facts to support her