exam 2 principles of law Flashcards

when you act differently because you are being watched

through experience it can lead to interpretation; if something happened to someone personally, it is going to affect how they interpret data; acting differently because you know you are being watched

drawing conclusions to confirm their beliefs (ex. thinking someone committed the crime because they didn't cry when questioned); makes you feel superior; can happen if you get too much context about a case as a forensic scientist; conclusions drawn to support own belief

"the process of placing an object in a unit category that consists of a single unit. Individualization implies uniqueness." Individualization refers to "absolute specificity and absolute identification." on page 205 of paper 5

reliance on emotion and cross linkages to draw conclusions (mental shortcut)

reliance on data to draw conclusions

error rate associated within lab itself; always disclose that for your lab, these are the results (lawyer may try to discredit your response by saying how does your statement apply to other labs); error rate or variability within an experiment (published development study)

error rate in general among all labs; error rate within a real a world problem (applying study)

prior experience makes you make mental shortcuts, application of things

gives insight to a case but does not individualize; most evidence is circumstantial; enough circumstantial evidence can lead to juries drawing conclusions; in conjunction with other evidence ties someone to the scene

A jury composed of educated people trained to avoid implicit bias, educated to be a juror

can ask questions; Decides whether there is probable cause to charge someone with a crime (issue an indictment).

science can be taken the wrong way if you say it too inflexible; do not box yourself in; allow for interpretation

federal standard for evidence admissibility established in 1993

judge is gatekeeper and has the discretion whether evidence fulfills Daubert (1996)

can give opinions

can give facts relevant to the case

interpretation of the law depends on location and scale of community engaged NOT SOCIETY

following law exactly how its written

interpreting law for a more modern interpretation

evidence that can be traced back to a single source

high courts must defer to lower courts for decisions

Thomas coon; huge shift in how things are done but it is based on previous data generated (ex. PMI vs TOC)

witness can render an opinion

low variance in response

disconnect between historical and current data resulting in a novel idea with no linkage to the past

Federal standard for admissibility of evidence established in 1920s

witness possessing information going to facts that impact case merit

process for determining admissibility of evidence of expert for trial - typically done in the presence of a judge

rules developed by federal government regulating witnesses and how they are admitted

general acceptance

witness can render an opinion

data, expert, or method utilized and are consistent/dependable

law is verbatim with application

Developed philosophy applied to Daubert standard

rules developed by society

data, method, or expert provide insight to investigation/trial

witness can render an opinion

drug presumably responsible for birth defects- resulted in Supreme Court ruling govern evidence admissibility

witness possessing information going to facts that impact case merit

data have variance but often capture true result

Producer of drug that led to Daubert decision

law is interpreted and changes with society NOT LOCATION (interpretation changes over time as society evolves)

Testable, published, error rate, specific community acceptance

Starts with a general principle and applies it to reach a specific conclusion; "top-down"; uses a general principle or premise as grounds to draw specific conclusions

moves from specific observations to a general conclusion; "bottom-up"; uses specific and limited observations to draw general conclusions that can be applied more widely