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Contributed in 2009 by Peter Tillers
Last edited in 2009 by Joel Friedman
Browse from Forensic entymology
Law
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Evidence
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Admissibility of evidence
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Expert and scientific evidence
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Must expert evidence be generally acceptable to experts or must the trial court make an independent assessment of the validity and reliability of such evidence?
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Trial court must act as gatekeeper and make independent assessment
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The expert or scientific evidence must be shown to be reliable
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Reliability or unreliability of assorted fields and methods
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Biological & life sciences
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Fingerprint identification, palmprint identification, and similar identification methods: Cross-reference
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A pretrial identification is exempt from the federal hearsay rule only if the declarant -- the person making the pretrial identification --...Fed. R. Evid. 801(d)(1) ("The declarant testifies at the trial or hearing").
in support of
A pretrial identification is exempt from the federal hearsay rule only if the declarant -- the person making the pretrial identification -- testifies at the trial.vouch for authority for rule...
The hearsay exception for contemporaneously-existing states of mind does not encompass the use of a present state of mind to prove a past fact that...Fed. R. Evid. 803(3) ("but not including a statement of memory or belief to prove the fact remembered or believed").
in support of
The hearsay exception for contemporaneously-existing states of mind does not encompass the use of a present state of mind to prove a past fact that is remembered or believed. vouch for authority for rule...
Evidence of a person's other sexual misconduct is frequently admissible in sexual assault cases, child molestation cases, and in civil cases...Fed. R. Evid. 414 (child molestation: "In a criminal case in which the defendant is accused of an offense of child molestation, evidence of the defendant's commission of another offense or offenses of child molestation is admissible, and may be considered for its bearing on any matter to which it is relevant.").
in support of
Evidence of a person's other sexual misconduct is frequently admissible in sexual assault cases, child molestation cases, and in civil cases involving claims of sexual misconduct.