CHE113INTO6 - CHE113 Forensic Science Nicolas Canel...

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CHE113 Forensic Science Nicolas Canel Forensic Science Introduction Forensics in Court -Federal Courts use Daubert Standard -Many State Courts use Daubert -About Half of State and Most Local Courts still use Frye. Joiner Case (1995) –Case asserted that PCB’s caused cancer in plaintiff –Tried to establish a causal link between PCB’s and cancer based upon animal models. –“ Conclusions and methodology are not separate. Experts commonly extrapolate from existing data but nothing requires a court to admit opinion evidence that is connected to the data only by the expert themselves .” –The court may conclude that there is too great a gap between the data and the opinion. Kumho Tire Case (1999) –Tire blowout liability case. Plaintiff expert wanted to testify that the blowout was due to defect rather than under-inflation. –Did not allow plaintiff expert testimony since the “test” by the expert was unreliable and made up by him (i.e., baseball batter designing his own “strike zone”).
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This note was uploaded on 03/02/2012 for the course CHE 113 taught by Professor Spencer during the Spring '08 term at Syracuse.

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