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52 notecards = 13 pages (4 cards per page)

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exam 2 principles of law

front 1

when you act differently because you are being watched

back 1

observer bias

front 2

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

back 2

observer effect

front 3

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

back 3

confirmation bias

front 4

"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

back 4

individualization

front 5

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

back 5

peripheral processing

front 6

reliance on data to draw conclusions

back 6

central processing

front 7

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)

back 7

internal validation

front 8

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

back 8

external validation

front 9

prior experience makes you make mental shortcuts, application of things

back 9

anchoring effect

front 10

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

back 10

circumstantial evidence

front 11

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

back 11

Blue Ribbon Jury

front 12

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

back 12

grand jury

front 13

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

back 13

science is truth

front 14

federal standard for evidence admissibility established in 1993

back 14

Daubert

front 15

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

back 15

kumho Tire vs Carmichael

front 16

can give opinions

back 16

consulting, expert, testimonial witness

front 17

can give facts relevant to the case

back 17

fact or material witness

front 18

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

back 18

legal resolution

front 19

following law exactly how its written

back 19

verbatim law

front 20

interpreting law for a more modern interpretation

back 20

interpretative law

front 21

evidence that can be traced back to a single source

back 21

individualizing evidence

front 22

high courts must defer to lower courts for decisions

back 22

GE vs Joiner

front 23

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

back 23

paradigm shift

front 24

witness can render an opinion

back 24

expert witness

front 25

low variance in response

back 25

precision

front 26

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

back 26

revolution

front 27

Federal standard for admissibility of evidence established in 1920s

back 27

frye

front 28

witness possessing information going to facts that impact case merit

back 28

fact witness

front 29

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

back 29

voir dire

front 30

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

back 30

FRE 701-706

front 31

general acceptance

back 31

Criteria for Frye

front 32

witness can render an opinion

back 32

consulting witness

front 33

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

back 33

reliable

front 34

law is verbatim with application

back 34

originalist

front 35

Developed philosophy applied to Daubert standard

back 35

Karl Popper

front 36

rules developed by society

back 36

Law

front 37

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

back 37

relevant

front 38

witness can render an opinion

back 38

testimonial witness

front 39

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

back 39

Bendectin

front 40

witness possessing information going to facts that impact case merit

back 40

Material witness

front 41

data have variance but often capture true result

back 41

accuracy

front 42

Producer of drug that led to Daubert decision

back 42

Dow pharmaceutical

front 43

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

back 43

living document

front 44

Testable, published, error rate, specific community acceptance

back 44

Criteria for Daubert

front 45

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

back 45

deductive reasoning

front 46

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

back 46

inductive reasoning

front 47

someone that gets hired by an attorney

back 47

hired gun

front 48

descriptions/categorical information

back 48

qualitative

front 49

a number value

back 49

quantitative

front 50

there is no basis on their findings

back 50

junk science

front 51

develop a hypothesis then analyze data which avoids bias

back 51

A priori (priority=hypothesis first)

front 52

develop hypothesis after collecting data

back 52

A posteriori (post= after experiment)