Week 3 Discussion 5 and 6 Criminal

Compare and contrast the different kinds of forensic evidence in terms of reliability and admissibility in court. Which is more important and why? Support your answer with direct evidence from the text and outside sources. Initial posts due by Wednesday 11:59 pm CT and response posts due by Sunday 11:59pm CT.

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Evidence must be determined, typically in pretrial stage, to be admissible. There are two standards used which scientific evidence, {which we learned earlier is evidence that a method of inquiry must be base don gathering empirical and measurable evidence. (Pg. 17), is determined if admissible in court. The relevancy test is one of these two standards in which is based on the federal rules of evidence, that the evidence must be relevant to the case and a help to the tier of the of that fact of evidence, be that prosecution or defense team. The Frye test is the second standard, which is based on novel scientific techniques only when the technique has been generally accepted by the scientific community.

The test is a two-step analysis of first identifying the scientific field in which the theory falls under and then secondly determining if the principle has been accepted by the majority of those experts in the field that is identified. (Pg. 104) For instance, blood evidence and DNA evidence is very well known as being accepted. One bit of evidence that was questionable, however, was in the Casey Anthony case where it was believed by the investigators, the prosecution and their experts that there was evidence of human decay in the trunk of the car and traces of chloroform, and the defense experts came against the tests used being reliable and being able to pass these standards.

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