Thursday, September 12, 2019
Case Analysis Study Example | Topics and Well Written Essays - 1000 words - 3
Analysis - Case Study Example The Daubert vs. Marrel Dow Pharmaceutical Inc. ruling resolved the debate on admitting evidence in the court. As a result, the Daubert ruling is one of the most consequential decisions about the role of forensic evidence in the judicial process. The Daubert case involved a toxic tort case. The court heard that two boys, Jason Daubert and Erick Schuller were born with serious defects because of the negative effects of a drug made by Benedictin. The plaintiff believed that they had been affected because the mother had taken the anti-nausea drug Benedictin while she was pregnant. The two boys decided to sue the organization. The decision placed them among numerous people who were suing for damages. The case got into the public domain because of disputes over the introduction of expert testimony (Gostin & Milbank Memorial Fund, 2002). The ruling would not only affect the case but also determine how forensic evidence such as digital evidence would be allowed in the case. The Supreme Court accepted the case due to the realization that it needed to set the standard for the admissibility of forensic evidence. The major issue was whether the adoption of Federal Rules of Evidence should get more prominence than the Frye standard that had played a significant role in the case. The Supreme Court ruled that the F.R.E should receive more weight than the Frye standard (Coleman, Swenson, Holloway, & Aulinskas, 1994). The rule shifted power from the Frye test and gave the judge powers of determining which evidence should apply in the case. The ruling implied that judges could determine the admissibility of scientific evidence as opposed to only determining the credibility of a witness. An evaluation of the ruling demonstrates that four criteria should apply when determining the admissibility of evidence. Firstly, the court should consider if the theory or
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.