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Daubert Standard
replaced the Frye Standard (1923) which focused on the general acceptance of scientific evidence within the particular field.
used to determine the admissibility of scientific evidence in court
To challenge expert testimony, opposing counsel may bring a pretrial motion attacking the admissibility of expert testimony. This will be done with a hearing prior to the trial.
5 factors of Daubert Standard
testability, peer review, error rate, standard and controls, general acceptance
testability
whether the theory or method can be objectively tested
peer review
whether the theory or method has been reviewed by experts in the field
error rate
The potential error rate of the technique
standards and controls
Whether there are clear standards for using the method
general acceptance
whether the theory or method is accepted by the relevant scientific community
insect evidence
in the form of adults, eggs, other developmental stages (larvae)
3 body segments of insects
head, thorax, abdomen
may have wings
insects provide evidence that may reveal
PMI (postmortem interval) –time between death and the discovery of the body
Time of the year when the crime was committed,
Location of a decomposing body
Wound location on the body
Victim identity
Abuse or restraint
survival
The most important factors for most organisms to survive are:
Suitable temperature
Correct amount of moisture
Suitable food source
Sufficient oxygen
Favorable environment
blowflies
Among the first to arrive.
putrescine and cadaverine, are released that alert the blowflies to a possible location to lay their eggs.
The female flies deposit their eggs in clusters on the body, usually in natural openings such as the mouth, nose, ear, vagina, or anus.
eggs laid where injuries are to skin
If the conditions are favorable within an hour of arriving on the dead body the female will lay approximately 50 eggs in the cluster.
Eggs will develop into larvae usually in less than 24 hours
life cycle of blowfly
Will undergo complete metamorphosis (a change in the body form) from egg, to larva, to pupa, and finally to adult.
the larvae move away from the decomposing flesh, sometimes crawling over 10 feet away from the body in search of a dry dark place to pupate.
houseflies
common in houses
May be indicators of abuse due to their attraction to urine and feces
flesh flies
deposit living larvae onto the flesh
coffin flies
About the size of fruit flies
May be the only fly to reach the body
beetles
carrion-associated beetles (decaying flesh) typically arrive after flies to eat the fly larva.
other insects to arrive at body
Ants, Bees, Wasps, Spiders
These creatures feed on the decomposing body or the eggs and larvae of flies and beetles
insects and pmi estimates
PMI because blowflies arrive within minutes of death
examples of pmi estimates
if only blowfly eggs are present and no blowfly larvae are present, then the estimated PMI is usually less than 24 hours because the eggs have not developed into larvae
No insects are found; it may indicate that the body was totally covered or refrigerated.
entomology evidence
used in combination with other evidence to estimate PMI (rigor mortis, liver mortis, algor mortis)
not as reliable if death is within two days
crop analysis
The organ in the larva that stores food before it becomes a pupa.
The larvae feed on the victim and store the ingested food in their crop.
No digestion occurs within the crop so the victim's DNA is not harmed.
The ingested tissues and DNA of the victim in the crop can be amplified and analyzed.
Determining victim’s exposure to drugs, alcohol, or toxins based on insect evidence
analysis of insect evidence
Determining the victim’s physical conditions based on insect evidence
Egg or maggot masses found on different parts of the body may indicate:
Wounds or injury sites (rope laceration, knife wounds, bullet holes)
House flies may indicate child or elder abuse if found on bedding, crime scene or the victim (Attracted to feces and urine)