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20 Cards in this Set
- Front
- Back
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four kinds of evidence
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testimonial
physical documentary demonstrative |
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kind of evidence: someone says it, saw it, heard it, konw about it, hearsay
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testimonial
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kind of evidence: glove, gun, hair, prints etc
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Physical
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kind of evidence: cirumstantial and direct
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physical
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type of physical evidence: the basics of the case, the facts
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circumstantial
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type of physical evidence: no other facts needed about it
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direct
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kind of evidence: writing, recording, etc
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documentary
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kind of evidence: a model, diagram, sketch etc
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deomstrative
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People v marx
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use your common sense, you don't need science if it makes sense
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monitoring that what a lab is doing is correct
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quality assurance
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ensure that a product meets a specific standard
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quality control
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criminal case must prove this to win
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beyond a reasonable doubt, burden of proof is on the people
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civil case must prove this to win
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preponderance of the evidence, plaintiff must prove this
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two standards of admissibility
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relevancy and competency
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deals with anything that will materially assist trier of fact and is deemed to be relevant
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relevancy
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is the evidence generally accepted in scientific community
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competency
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can attack a lab on three levels
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tampering, results (evidence contaminated), substitution (plain error, tested for wrong substance etc)
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have outside agency test your lab
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validation studies
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federal rules of evidence 702: scientific evidence admissible if it:
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based on sufficient facts/data
is product of reliable principles/methods witness has applied principles and methods reliably |
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daubert 5 issues laid down for judging reliablity
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1. are theories/techniques able to be tested
2. whether tech/theory has been subject to peer review 3. what is the known rate of error/potential rate of technique/theory 4. whether there exists standards and controls on the tests 5. fry- has this tech/theory been generally accepted |
