Is Your State Governed by Daubert or Frye Term Paper

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

Book review Essay Example | Topics and Well Written Essays - 750 words

Book review - Essay Example From a brief overview of this book, it is evident that the author has a passion for English Language. The appendices and glossary of the book create a picture of the book contents to the readers. The book also contains citations that tag along translations of the same. In short, the technical aspect of the book highlights the themes the author aims at displaying. Apart from this work, Lerer has worked on many other works including articles and recordings of the development of the English language. The major theme of the book is to trace the development of language as a result of the influence of historical backgrounds and occurrences. In his work, he draws attention to the key moments that led to the development of language. The first stage according to Lerer (pp.56) is the Caedmon era of the 7th Century; he wraps up his language on Christian concepts that shaped the daily living of individuals. These chronicles documented major events that unfold in the day to day living ranging fro m the normal conversations in the localities to language in courts. In his work, Lerer (pp.4) indicates, various forms of language came up including Language that was applicable in the courts. From his argument, it is justified to argue that Lerer (pp.5) indicates that language has had a series of developments till the novel language. Among the quotations include ‘ban’, ‘ham’ and ‘twa’ which Lerer quotes to have evolved to bone, home and two respectively. All culture and people have played a major role in the development of language at all levels in the society. However, he indicates that language development has greatly been influenced by know-how, globalization, war as well as politics. Through the above techniques, people have endeavored to communicate with one another, in turn creation and development of language in the societies. Lerer (pp.28) argues in his work that language is beautiful and will always develop despite the situations or o ccurrences in the society. By virtue of language not being static, he praises the fact that even in times of appalling situations, language has never become futile. It is in light to this argument that language has experienced changes that keep unfolding as each day progresses. In fact, he indicates that at times when the human race experienced its worse times and phases, neither did language diminish nor disappear, but kept flourishing alongside events in the society. Lerer (pp.91) advises individuals not to despond whilst reading the English language. Though at times, the language may prove difficult to read and comprehend, readers of works must take initiatives of acquiring the best information from a certain material. He indicates that his work must not be viewed as a complex structure, but a mere conversation with the person who read his work. This is possible through his simple and understandable writing style, short and comprehensive chapters that display a clear transition f rom the earlier centuries to the present life. Throughout the book, one is bound to have a compulsion of the work though the themes are not quite interrelated in all chapters but dissimilar essays. This work brings to light the meagerness of studying English language. Lerer (pp.41) in turn, offers readers an opportunity to read and understand the language through explanations on the history and development of the language. He brings out propinquity on the changes that took