StudentShare solutions
Triangle menu
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Is Your State Governed by Daubert or Frye - Term Paper Example

Nobody downloaded yet

Extract of sample
Is Your State Governed by Daubert or Frye

by using experience and common sense, professional witness give conclusions on the basis of the knowledge and practices beyond the average judge’s comprehension (Suzanne, 1996). Consequently, statement by unpoliced professional witness can possibly have a biased effect on the judge, who might tend to be more inclined to believing that that the statement is exclusively based on the expert status of the witness. How can the trial jury be in a position of determining whether the professional is just speculating, or even whether the proof on which the professional is basing their statement is adequate to support the ruling? Certainly, the lay witness is prevented from speculation by the jury and can direct rulings when there is adequate evidence in support of a finding. Then is the screening of professional witness by a judge different from this practice? This is a question that poses weighty issues regarding the nature of the role of the judges. In order to be in a position of making an informed judgment concerning whether to admit a professional, the jury would appear to require at least a modicum of professionalism in the field of witness.
In Robinson, which involved a professional testimony regarding whether a DuPont fertilizer harmed the pecan trees of Robinsons, we find that the Supreme Court of Texas maintained that the Texas’ Civil Evidence Laws not only need a professional witness to be qualified, but also to offer statement that is relevant and also on the basis of a credible foundation. Nevertheless, in so doing, Robinson sufficiently adopted the standard of Daubert. The main difference in the case of Robinson was the fact that the Supreme Court of Texas had never adopted the ‘general acceptance’ standard of Frye that was particularly dismissed in Daubert, but instead had used an examination of whether the professional testimony ‘helped the fact’s trier’ under the 702 Rule. However, the Supreme Court of Texas perceived the credibility and ...Show more
Cite this document
  • APA
  • MLA
(“Is Your State Governed by Daubert or Frye Term Paper”, n.d.)
Retrieved from
(Is Your State Governed by Daubert or Frye Term Paper)
“Is Your State Governed by Daubert or Frye Term Paper”, n.d.
  • Cited: 0 times


From the comparisons of fiber to psychiatric examinations and economic projections, the scope of given proficiency or expertise covers the span of the knowledge of human beings. Rarely any…
Is Your State Governed by Daubert or Frye
Read Text Preview
Save Your Time for More Important Things
Let us write or edit the term paper on your topic
"Is Your State Governed by Daubert or Frye"
with a personal 20% discount.
Grab the best paper

Check these samples - they also fit your topic

State mental health care management
In order for the program to be successful as envisaged by the government and individual states, there is need for accountability from managers. The policy of caring for individuals with mental disorders is provided under Medicaid. Many states have chosen to privatize their mental healthcare instead of offering it publicly.
12 pages (3000 words) Term Paper
Assault: Theory and Florida State Statute
The statutes of varied states tend to differ regarding the legal meaning of assault. Quintessentially, in a limiting legal perspective, assault is such an act on the part of an individual, which is apprehended by other person as being indicative of near-at-hand and personal violence.
5 pages (1250 words) Term Paper
Building your own state prison
Its adoption of allowing cheap labor among the inmates was viable but needs improvement as manufactured goods were seen as shoddy. With the location, training and access to farm, agriculture or industrial means such as machinery and other facilities that aid in the production, prisoners can be made productive, useful, and busy at cheaper costs.
4 pages (1000 words) Term Paper
The Separation of Church and State
The secular concerns of the civil government often go against the mystical preoccupation of religion. Close ties between the church and the state is an alien concept for countries like the United States, a political system that values their separation. But this is not to say that it is not uncommon in other parts of the world.
4 pages (1000 words) Term Paper
State-Mandated Three-Strike Policies
Three strikes have resulted to unfairness in most cases when used by State authorities. The policy doubles offences, which is not fair according to the principles of justice. This paper highlights the challenges that have emerged in the society based on three strikes policies.
7 pages (1750 words) Term Paper
Secession of a Federal State
This paper is an experiment analysis debate of the issues that were brought up by Abraham Lincoln, and their effect to the country. Part I Fellow citizens, we have fairy backpacked, on our duty, to elect Abraham Lincoln as the head of 1860th government. President Lincoln for long has been featured as black republican, revolutionist and a like to John Brown character.
4 pages (1000 words) Term Paper
Comparing and contrasting the Frye standard, [Frye vs. United States (293 F. 1013 (DC Cir 1923)], with the Daubert standard [Daubert v. Merrell Dow Pharmaceuticals (509 U.S. 579 (1993)
While stress put on review and further research has considerably dwindled, the result can never change. Subsequently, the Daubert standard is in some
10 pages (2500 words) Term Paper
Forensic Psychology: The Implications of the Daubert & Frye Rulings
In the USA, there are basically two standard assumptions of scientific evidence, both standards got their names on the relevant proceedings. This is the "Daubert standard" and "Frye standard". Criminal jurisprudence of the "Frye standard" allows
2 pages (500 words) Assignment
Your choice
This was because of the Stock Market Crash in 1929 that destroyed the Value of the Senior Americans retirement savings where the bank failures caused even further damages. Therefore, the social security was comprised of the Survivors, old age and
8 pages (2000 words) Term Paper
Government and Police State
Usually, BIAs is often managed by the people who manage the assessments and it is a requirement that everyone within the locality/district pays their fair share. Simply put, the owners of businesses or property in a given area pool their resources together with
11 pages (2750 words) Term Paper
Comments (0)
Click to create a comment
Let us find you another Term Paper on topic Is Your State Governed by Daubert or Frye for FREE!
Contact us:
Contact Us Now
FREE Mobile Apps:
  • About StudentShare
  • Testimonials
  • FAQ
  • Blog
  • Free Essays
  • New Essays
  • Essays
  • The Newest Essay Topics
  • Index samples by all dates
Join us:
Contact Us