A case example involving a forensic discipline that faced Daubert challenges
Provide a case example involving a forensic discipline that faced Daubert challenges. Forensic disciplines include fingerprint examinations, hair examinations, toxicology, document examinations, and bitemark examinations to name a few.
Q9
Have you ever been affiliated with a union? (no) In your opinion, how relevant are unions in America today bearing in mind the comprehensive array of employment laws that have been enacted at the federal, state, and local levels over the last 75 years? Are unions equally fair to employees, employers, and taxpayers? Should they be? What are the ramifications for the HRM function regarding unions in the workplace?
Sample Answer
Bite mark analysis has faced significant Daubert challenges in recent years. The Daubert standard, a legal test for the admissibility of expert testimony, requires that expert evidence be both relevant and reliable.
- Challenges to reliability: Critics argue that bite marks are too variable between individuals and too susceptible to distortion by factors like skin elasticity, healing, and post-mortem changes to be reliably matched to a specific person.
- Lack of scientific foundation: The absence of extensive statistical studies comparing bite marks and establishing error rates has undermined the discipline’s credibility.