Evidence law

Daubert standard is the best choice for determining the admissibility of forensic evidence and expert witnesses in Florida based on the articles provided. The evidence and expert witness testimony that is put forth in Florida litigation should be assessed by the same standards that apply for all rules of evidence in federal courts. Although the Frye standard provides a wide scope as to what can be used as evidence, a stricter set of standards would be more beneficial to the public because it…

The issue is whether there is sufficient evidence to prosecute Agnes for theft given that she left a shop in possession of a handbag for which she had not paid. To determine if there is sufficient evidence it is necessary to consider the likely defence case and bear in mind how likely the defence case is to affect the prospect of conviction. The defence is likely to argue that there is no evidence to suggest that Agnes was the person that placed the handbag in her bag prior to leaving the…

Expert witness testimonies must be scientific, technical, and specifically relevant that will acknowledge the trier of fact to define evidence and determine the fact of the issue. Evidence obtained by expert witness’s must be based off of sufficient facts produced by applicable, reliable, principles and methods. In response to Daubert v. Merrill Daw Pharmaceuticals ( 509 U.S. 579 (1993), and other cases applying the Daubert standard. Under the Daubert standard the expert’s theory must be…

During trail, Warna’s testimony was one of the most important piece of evidence. Because of her analysis explanation, it was said to believe that Ms. Molly Wright was beaten by an object (weapon) with force. According to her testimony, she stated that the blood stains on Hill’s clothing matched the blood DNA from Molly Wright, which was the factor that determined the sentencing and if Mr. Hill was guilty or innocent, which in this case he was guilty. In court, Mr. Hill listed a number of reasons…

The fiber evidence played an overwhelming role in the conviction of Wayne Bertram Williams for multiple reasons, primarily because the prosecution was able to link twenty-eight different types of fibers to Williams and his victims (Saferstein, 2015). Furthermore, the fibers located on the victims were unusually shaped yellow-green fibers, which matched the carpet in the Williams’s home (Saferstein, 2015). The fiber evidence gained additional credibility for the prosecution when they discovered…

There are many problems that are associated with expert testimony focused around testimony invading the province of the jury, it being too adversarial and not impartial, taking too much of a courts time, introducing irrelevant information, and it is often founded on an insufficient scientific base. Smith (1989) cited eight potential problems with expert testimony. One problem is that the scientific base for the testimony is inadequate and can lead to unreliable information and potentially…

whether or not the court, takes the time to determine if the expert witness has the proper background or not. One of the things I would wonder is if there was a difference between someone who, has a great deal of experience with a particular piece of evidence, but no training and someone who has received training, i.e., when would a lay persons testimony be more accepted by the court then an experts testimony? This question brought me to the Trayvon Martin cases. Both, Trayvon Martin’s and Mark…

Social Media as Evidence in Employment Law Social media has been a big part of today’s world. Not only is it being used for one’s personal life, but it has started to seep through into the business world as well. As technology enhances, social media is being used even more in the new generation along with the older generation that has gotten the hang of it. Whether it be a positive or a negative, the growth of it is starting to be part of evidence when it comes to the work place environment but…

Evidence has been used to prove the reliability and credibility of a variety of claims for thousands of years. It has been used in the scientific world to come up with theories to understand the way the world works, it is still used now in the legal system, and was even used to prove whether or not a person was a witch (Noll, 2018). The credibility of evidence, however, is much harder to establish than it is to produce eyewitness evidence. The authors from the texts assigned for the class have…

and no trace of DNA found on her body. There was no real solid evidence to link Adnan as the murderer. In episode six of Serial, “The Case Against Adnan Syed”, Sarah Koenig explained that the physical evidence against Adnan Syed was scant - a few underwhelming fingerprints. So aside from the cell phone records,what did the prosecutors bring to the jury, to share up Jay’s testimony? Sarah weighs all the other circumstantial evidence they had against Adnan, including curious behavior, a…