Two of the most important standards regarding expert witnesses are the Frye and Daubert standards. Those will be discussed in detail along with the M’Naghten and Durham rules. Following the explanation of the two standards and the two rules, an article by Jennifer McDougal and Ray Bull will be analyzed and related to the discussion of the validity of the forensic interview. The Frye standard originated in during the 1923 appellate court case Frye v. United States. In the original case, Frye was charged with second-degree murder. At trial, Frye’s counsel wanted to introduce an expert who would use a blood pressure test to purportedly show whether Frye was being dishonest when he testified. The trial court rejected the testimony of the expert,…
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…
The Frye Standard: Frye v. United States, 293 F. 1013 (D.C. Cir. 1923). This is an early standard that is currently only in use in a few states. The Frye standard essentially states that for scientific evidence to be admitted it must be generally accepted by the scientific community. 2. The Daubert Standard: Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993). This standard has replaced the Frye standard in most states. This states that testimony will be admitted provided the…
Neutral Tones Analysis The poem ‘Neutral Tones’ by Thomas Hardy is a dark, solemn poem, reflecting on the termination of a relationship that he had in the late 1860s. It has a very melancholic note and in the duration of the poem, he shows the sadness and emotions in the narrator. The poem was published in 1898, however at the bottom of the poem he marked it as being written in 1867, perhaps he did not want it to be published then, before he met Eliza Nickels. It has a rhyme pattern of ABBA as…
Wondrous but Fearful Tyger William Blake’s “The Tyger” in Songs of Experience, written in 1794, describes the Tyger as “fearful” while appreciating its beauty. During this time, Blake was one of the first people to see a tiger; this inspired him to write “The Tyger” and paint the creature as a majestic but fierce being. Although the origins of the Tyger are questioned, the creator is referred to as “he” implying a male divine creator. While examining who or what created the Tyger, in addition…
What is standard care? Standard care is a measure of what the community expects and demands from a person from a person in a given situation (Varone, 2012). There are two types of standard care, ordinary and professional. Ordinary standard care is the degree of care that the reasonably prudent person would not run would have exercised under the circumstances and professional standard care is the care that a person with professional skills and training is required to exercise, namely, the care…
Antisera evaluation: bacterial agglutination. Introduction and Aim: Agglutination is the process that describes the coalescing of antigen bearing cells, microorganisms or particles in the presence of specific antibodies, whilst in a suspension. Antiserum is a serum that contains antibodies which are specific for one or multiple antigens (42). Direct agglutination is a process by which antigens detect and bind directly to specific antibodies in serum against a microbe (4). Therefore, the aim of…
far more profitable than an honest one. Although laws about murder may not be as serious as a laws about embezzlement, the same idea applies here. Without businesses having a standard that they must adhere to, it would be far easier and more profitable to live a life of corruption. Sure it 's easy to believe that many people have too good of a conscious to commit harmful acts, but if these acts still occur while there are tremendous consequences on the table then it would only make sense that…
is an inspiring book about three young men rising from the streets and fulfilling a dream to become doctors. Their experiences and emotions educate teachers about the daily struggles students face, while also helping teachers comprehend Standards Two and Three of the New Jersey Professional Standards for Teachers. This is especially true when considering the three young men’s assets and liabilities that contributed to their learning, such as such as their individual experiences, family, and…
policies and green chemistry policies. Green Chemistry is the practice of chemistry in an environmentally safe way to prevent pollution. We used green chemistry to minimize the amount of waste we were to be creating. We ended up creating waste from degalvanizing nails. There was a 6 molar solution of hydrochloric acid that stripped the zinc on the nails. Nails are dipped in zinc to prevent rusting. The amount of zinc placed on these nails has to comply with industry standards. A high standard…