FIVS 415 terms

Paradigm Shift

ideas are built on each other, accumulation of data over time and shift in opinion

Originalist

an approach to constitutional interpretation that says the constitution means the same thing today as it did when it was drafted in 1787, making no allowances for societal changes. Understanding how laws are meant to be understood from the founding fathers.

Living Document

a document that grows and changes as needed (Constitution). Interpret law based on society today

Legal Resolution

interpretation of law is specific to the community involved i.e Texas laws are interpreted differently in another state

Relevance

pertaining to or adding to the case

Reliability

partly reputation (what's on your record), takes time to build and is not automatic, not solely based on resumes as they tend to be exaggerated

Specialist

devoted to one kind of study or work with individual characteristics

Scientist

conducts original empirical research, then experiments to verify the validity of the theory; designs and creates instrumentation and applied techniques; is published in own field with peers; advances his field of knowledge

Revolution

development of a new idea, complete separation of an idea

Circumstantial

implies a fact or event without proof, however, the more of this evidence, the greater the weight (example is finding a blonde hair and a size 11 shoe, both at _____ but together they narrow down the suspect pool)

information that collectively leads to a resolution

Individualization

evidence that is unique to each individual, always done by comparisons

something we work out way into, linking someone to a crime "match"

Testimonial

testify in the case, public information

Consulting

inform the attorney but can also testify

Witness of Fact

an eyewitness who can only state facts

Expert Witness

scientific expert, trained, can state their opinion

Accuracy

A description of how close a measurement is to the true value of the quantity measured.

Precision

a measure of how close a series of measurements are to one another

Daubert v. Merrell Dow Pharmaceuticals (1993)

Standard for the admission of scientific expert testimony; peer review, accepted by the specific scientific community, testable/repeatable, and has an error rate

States that Bendectin causes birth defects

701 Lay Opinion

if witness is not an expert, an opinion is rationally based on the witness's perception, helps with understanding the testimony, and not based on scientific, technical, or specialized knowledge

702 Testimony by Experts

A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or if the expert's scientific, technical, or other specialized knowledge will help understand the evidence or to determine a fact in issue; the testimony is based on sufficient facts or data; the testimony is the product of reliable principles and methods; and the expert has reliably applied the principles and methods

703 Bases of Opinion Testimony by Experts

An expert may base an opinion on facts or data in the case that the expert has been made aware of or personally observed. If experts in the particular field would reasonably rely on those kinds of facts or data in forming an opinion on the subject, they need not be admissible for the opinion to be admitted. If the facts or data would otherwise be inadmissible, the proponent of the opinion may disclose them to the jury only if their probative value in helping the jury evaluate the opinion substantially outweighs their prejudicial effect.

704 Opinion on Ultimate Issue

an expert may express opinion of ultimate issue of fact, but not if it is in regards to the mental state of the defendant

Lay person

an expert witness with common sense and life long experience

705 Disclosure of Facts or Data Underlying Expert Opinion

Expert doesn't need to support reason of opinion unless required by the court or during cross examination

706 Court Appointed Experts

The court can issue and order to show cause as to why an expert should not be appointed (explain why you don't want them), request nominations of expert by parties, appoint expert even if parties don't agree and expert consents

The witness must be informed of his duties in writing, a copy filed with the court.

The witness should communicate findings to the parties, may be deposed, called to testify, cross examined, and is paid as the court directs.

The jury's knowledge of the court appointment is up to the court.

This rule does not limit parties from calling other experts.

Frye Standard (1923)

scientific evidence is only admissible if it is generally accepted by the scientific community

This was about the polygraph test

Voir Doire

questions to qualify a person as an expert witness

Technician/examiner

an expert who has a limited and concentrated training, applies known techniques, works in a system and taught with the system, uses complex instruments or "simple" testing equipment with a superficial understanding of the instrument

GE v Joiner

The higher courts defer to lower courts unless striking out faulty evidence

higher courts change interpretations to meet standards of the lower courts and deem them reasonable or not

Daubert Trilogy

Three cases decided in the 1990s that are used by federal and other courts to determine the admissibility of scientific evidence.

Kumho Tire

- Daubert applies to all expert evidence, not just scientific

-the judge is the gatekeeper to all experts not just science

repeat, accuracy, precision

How do you validate?

Practitioner

an expert witness who practices material and information analysis and interpretation for a profession

Blue Ribbon Jury

a jury considered by either side, prosecution or defense, to be ideal because of its perceived likelihood of rendering a verdict favorable to that side; jurors often are selected because of their higher educational level and intellectual skills.

observer effect

anticipate a certain observation, use data you observe to draw a certain conclusion that isn't necessarily accurate

confirmation bias

a tendency to search for information that supports our preconceptions and to ignore or distort contradictory evidence

confirms previous held thoughts or believes

anchoring effect

prior experiences effect how you see things

internal validity

whether the experimental design is valid, determined by the researchers performing the research

external validity

whether the study can be generalized, determined by the scientific community

central processing

evaluation of an argument based on the overall message

peripheral processing

the use of mental shortcuts to evaluate an argument

Future dangerousness

decision made in capital crime cases, likelihood of being a repeated offender

Optimal balance between need to protect society and need to protect rights of possibly dangerous individual

correlation

a measure of related variables but can't say it is directly causing

causation

the belief that one event leads to another, demonstrated a direct link

qualified immunity

A defense which protects government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.

equity

recognizes each person person has different opportunities or experiences and uses that to create a fair judgment

more of a factor in criminal cases because not everyone can afford an attorney

equality

treating all people impartially and free of bias

more of a factor in criminal cases because not everyone can afford an attorney

Kuhn

believes you shouldn't condemn others or hold them responsible because they didn't know better, it was the best science they had

hired gun

an expert witness who tailors their testimony to support the position of those who hired them

junk science

spurious, invalid, or fraudulent research, data, or analysis that’s presented as legitimate science

qualitative

• focuses on understanding concepts, thoughts, or experiences through non-numerical data

• asks why or how to get rich, detailed, and subjective insights

quantitative

focuses on measuring variables and testing theories using numerical data

asks how many, how often, or what to give objective, countable data

A Priori

• “from the earliest”

• knowledge or justification that’s independent of experience or empirical evidence

• known through reason alone (logic, mathematics, or definitions)

A Posteriori

• “from the later”

• knowledge or justification that’s dependent on experience of empirical evidence

• known through observation, experimentation or sensory data