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What case law is important?
- Frye vs. US
- Daubert vs. Merrill Dow Pharm.
- People vs. Kelly
- Gen Electric vs. Joiner
- Kumho Tire Co. vs. Carmicheal
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What two rules are important for Rules of Evidence?
- Rule 403- are finding RELEVANT, not biased
- Rule 702- Doubert, based on science, reliable, applied scientific principles in testing.
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What is the Brady law?
Brady vs Maryland 1963
- Prosecution MUST disclose any known evidence or information favorable to the defendant in criminal case.
- Must be disclosed regardless if requested or not.
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Fry vs US established what?
General acceptance of scientific evidence.
prevent psuedoscience in courtroom.
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Kelly Hearing does what?
Case specific relevance test for courtroom
- Novel testing procedures for scientific evidence.
- General acceptance
- qualifications of expert
- procedures performed correctly
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Daubert Hearing
established RULE 702
Judge are the GATEKEEPERS
- EVIDENCE relevance
- Evidence RELIABILITY
- Expert Witness qualificaiton
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What two cases supported Daubert?
Gen Electric vs. Joiner
Kumho Tire Co. vs Carmicheal
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special subpoena issued by judge for documents?
DUCES TECUM (discovery)
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What three things are required to be handed over for a discovery?
all documentation for case
- CASE specific material
- Electronic data, lab notes, CoC
- General Material
- SOPs, validations, audits, comm. logs, corrective actions QC records
- Exculpatory
- info favoring suspect
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What QAS standard mentions courtroom testimony?
QAS 12.2
Lab shall train and document annual testimony of examiners.
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