Legal Standard For Introduction Of Scientific Evidence
Order ID:89JHGSJE83839 Style:APA/MLA/Harvard/Chicago Pages:5-10 Instructions:
Legal Standard For Introduction Of Scientific Evidence
Before any scientific evidence can be used in court, including what we commonly refer to as forensic evidence, the court must determine whether that evidence is admissible. In 1923, in Frye v. United States, the United States Circuit Court of Appeals for the District of Columbia established what came to be known as the Frye standard. The Frye standard held that expert opinion based on a scientific technique is admissible only where the technique is generally accepted as reliable in the relevant scientific community.
Seventy years later, in Daubert v. Merrell Dow Pharmaceuticals, the Court of the United States held that the Federal Rules of Evidence superseded the Frye standard as the standard of admissibility. Some states, however, still follow the Frye standard.
After reviewing the required materials and conducting your own independent research into the relevant issues below by reviewing law review articles, treatises, and related cases using Westlaw in the Ashford University Library or another legal research site. Try looking in Legal Search Engines, Directories, and Other Research Tools in the Southern Illinois University School of Law Library, which has links to numerous legal research sites.
The Legal Issues Analysis paper must include the following elements:
- Discuss the current legal standard for introduction of scientific evidence.
- Review the history of the standard.
- Compare and analyze the Daubert standard, the Fryestandard, and Rule 702.
- Discuss whether your state uses the Daubertstandard or the Frye
- Evaluate whether Daubertor Frye is the more appropriate standard.
- Evaluate the current standard. Is it satisfactory? If yes, why? If no, what would be a better standard?
The Legal Issues Analysis paper
- Must be approximately 1,000 words (approximately four double-spaced pages in length not including title and references pages), and formatted according to APA styleas outlined in the Ashford Writing Center.
- Must include a separate title page with the following:
- Title of paper
- Student’s name
- Course name and number
- Instructor’s name
- Date submitted
- Must use at least two credible sources in addition to the course text and the other required materials (Daubert v. Merrell Dow Pharmaceuticals, Frye v. United States, and Rule 702 – Testimony by Expert Witness).
- The Scholarly, Peer Reviewed, and Other Credible Sources table offers additional guidance on appropriate source types. If you have questions about whether a specific source is appropriate for this assignment, please contact your instructor. Your instructor has the final say about the appropriateness of a specific source for a particular assignment.
- Must document all sources in APA style as outlined in the Ashford Writing Center.
- Must include a separate references page that is formatted according to APA style as outlined in the Ashford Writing Center.
RUBRIC
Excellent Quality
95-100%
Introduction 45-41 points
The background and significance of the problem and a clear statement of the research purpose is provided. The search history is mentioned.
Literature Support
91-84 points
The background and significance of the problem and a clear statement of the research purpose is provided. The search history is mentioned.
Methodology
58-53 points
Content is well-organized with headings for each slide and bulleted lists to group related material as needed. Use of font, color, graphics, effects, etc. to enhance readability and presentation content is excellent. Length requirements of 10 slides/pages or less is met.
Average Score
50-85%
40-38 points
More depth/detail for the background and significance is needed, or the research detail is not clear. No search history information is provided.
83-76 points
Review of relevant theoretical literature is evident, but there is little integration of studies into concepts related to problem. Review is partially focused and organized. Supporting and opposing research are included. Summary of information presented is included. Conclusion may not contain a biblical integration.
52-49 points
Content is somewhat organized, but no structure is apparent. The use of font, color, graphics, effects, etc. is occasionally detracting to the presentation content. Length requirements may not be met.
Poor Quality
0-45%
37-1 points
The background and/or significance are missing. No search history information is provided.
75-1 points
Review of relevant theoretical literature is evident, but there is no integration of studies into concepts related to problem. Review is partially focused and organized. Supporting and opposing research are not included in the summary of information presented. Conclusion does not contain a biblical integration.
48-1 points
There is no clear or logical organizational structure. No logical sequence is apparent. The use of font, color, graphics, effects etc. is often detracting to the presentation content. Length requirements may not be met
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