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20 Cards in this Set

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