FSC100 Lecture 11A

Admissibility

Process that governs which materials may be considered evidence.

Irrelevance

Reason a trial judge may deem evidence inadmissible.

Expert witness testimony

Must adhere to Daubert and Mohan to be considered admissible.

Frye v United States

Established the Frye Rule that scientific methods/techniques must be generally accepted in their field.

Frye Rule

Scientific methods/techniques must be generally accepted in their field.

Daubert v Merrell Dow Pharmaceuticals

Dismissed based on Frye Rule and resulted in the Daubert guidelines.

Daubert Guidelines

Set of criteria introduced to clarify Frye Rule.

Reliability (Daubert Guidelines)

Based on reliable principles and methods, and tested by scientific method.

Peer-Review (Daubert Guidelines)

Technique subject to peer review and publication.

Known or Potential error rates (Daubert Guidelines)

Consistently and reliably applied professional standards and known or potential error rates.

General Acceptance (Daubert Guidelines)

Assessing degree of acceptance in scientific community.

R. v. Mohan (1994)

Canadian case that established the Mohan Criteria.

Mohan Criteria

Necessity in assisting trier of fact, relevance, absence of applicable exclusionary rule.

Qualified expert

Must have specialized knowledge or skill.

Lay Witness

Heard, saw, done, experienced; can only testify on what they experienced.

Expert Witness

May offer opinion on the work that was done and significance of the findings.

Objection

Formal, verbal declaration of belief that improper evidence adduced, or improper procedure employed.

Trial by judge alone

Judge serves as the trier of fact.

Trial by Judge and Jury

Jury serves as the trier of fact.

Charging the jury

Explain relevant rules of evidence and standard of proof.

Standard of proof

Degree of certainty of a fact before it can be relied upon in support of a verdict.

Structure of a Criminal Trial

General structure includes introductions, preliminary matters, opening statements, and more.

Crown Calls Evidence

Includes examination-in-chief, cross-examination, and re-examination.