present to the court a collection of experts who can testify that the scientific issue before the court is generally accepted by the relevant members of scientific community 3.What document offers an alternative to the Frye standard that some courts believe espouses a more flexible standard for admitting scientific evidence?Rule 702 of the Federal Rule of Evidence set a different standard. Under this standard‚ a witness “qualified as an expert testimony on a scientific or technical
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to judge their characters by their faces‚ to appreciate their motives; ability to act with force and precision; a masterful knowledge of the subject matter itself; and extreme caution; and‚ above all‚ the instinct to discover the weak point in the witness under examination.1 Consequently‚ cross-examination is the most difficult of the adversarial skills to acquire. Once mastered‚ however‚ it is also the most significant skill‚ since it is from the crucible of cross-examination that truth most often
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How long has it been since you last treated a patient? And so on. Often‚ it is best to have the answer come from the mouth of the witness. A lawyer asks these non-leading questions because he or she knows the answer and‚ if the witness waffles‚ the witness can be impeached.[v][5] The point is not that every question must be leading‚ but that the expert is never afforded an opportunity to expound on a question of critical importance. When reaching this goal‚ look for the opportunity to use
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their final decision they will establish a precedent. What is the difference between a fact witness and an expert witness? The difference between a fact witness and an expert witness is that a fact witness only provides details and specific circumstances in a case while a expert witness provides insight on a case based on his or her sharing their expert knowledge of a subject based on their training and experiences. Explain the purpose and importance of a sidebar
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The Frye Standard is a standard used to determine the admissibility of an expert’s scientific testimony. A court in which applies the Frye Standard must determine whether or not the method which the evidence was obtained was generally accepted by experts in the field in which it belongs. When did this standard come into effect and why? 2. The Frye Standard came out of a 1923 legal decision (Frye V United States). It was a case discussing the admissibility of a polygraph test. James Frye was
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Typically‚ when a witness gets impeached‚ it’s generally done during the cross examination process. What this means is that the judge will not dismiss the witness if he finds the witness to be incredible. Therefore‚ the witness testimony will not be credible as well. Furthermore‚ if a witness is impeached‚ this does not mean that the witness will automatically be dismissed nor be able to testify. When you want to impeach a witness‚ you basically have to compare what the witness announces on the stand
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Holmes: The Psychologist as Expert Witness: stated that there are ethical rules that can govern forensic activity by psychologists. According to Poliacoff within the Ethical Principles of Psychologists and Code of Conduct are four standards that apply to psychologist being expert witnesses‚ the ethical Principles of Psychologists and the Code of Conduct standards allow the Psychologist to step out of their role into the role of Forensic Experts these standards are acceptable and are reinforced
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to present to the court a collection of experts who can testify that the scientific issue before the court is generally accepted by the relevant members of scientific community. 3. What document offers an alternative to the Frye standard that some courts believe espouses a more flexible standard for admitting scientific evidence? Rule 702 of the Federal Rule of Evidence set a different standard. Under this standard‚ a witness “qualified as an expert testimony on a scientific or technical
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LaKisha Overton PA203: Interviewing and Investigating Professor Cheryl Olsen Unit 8 Assignment Final Project June 11‚ 2014 1. Describe the difference(s) between a witness and a client. Then describe differences between interviewing a client-witness and interviewing a nonclient-witness. Clients and Witnesses are key factors in a legal cause. However the roles they play and how the legal team deals with them during the overall case‚ are drastically different. Clients are coming
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2005 ■ Procedural History Carter K. Libbey brought this case to court to exclude the defendant’s witness Allan F. Tencer‚ Ph.D.‚ and any exhibits that he had from testifying because his defendant didn’t comply with the Court’s Scheduling Order. ■ Facts The Court’s scheduling order was dated for March 8‚ 2004 for the defendant to disclose its expert witness together with the expert disclosures before January 3‚ 2005. The defendant
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