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?

find the cost of your paper

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.

 

Full Answer Section

 

 

 

  • High-profile cases:

Several high-profile cases where bite mark evidence was used to convict innocent individuals have further eroded public trust in the method.

 

As a result of these challenges, many courts have become increasingly skeptical of bite mark evidence, leading to its exclusion in numerous cases.

Unions in America Today

Unions have become less prevalent in the American workforce compared to the mid-20th century, but they still play a significant role in certain industries. While a comprehensive array of employment laws has been enacted, unions continue to offer valuable protections and benefits to their members.

 

Relevance of Unions

  • Collective bargaining power: Unions can negotiate better wages, benefits, and working conditions for their members.

 

Job security: Unions often provide stronger job security protections.

 

Voice in the workplace: Unions give employees a stronger voice in decision-making processes.

  • Counterbalance to corporate power: Unions can level the playing field between employers and employees.

 

Fairness and Equity

  • Fairness for employees: Unions can protect workers from exploitation and ensure fair treatment.

 

Fairness for employers: Strong unions can lead to more stable and productive workforces, but excessive union demands can hinder competitiveness.

  • Fairness for taxpayers: The impact on taxpayers depends on the industry (e.g., public sector unions vs. private sector unions). Public sector unions can influence government spending and taxation.

 

Ramifications for HRM

  • Increased complexity: Dealing with unionized employees requires specialized HR knowledge and skills.

 

Labor relations: HR professionals must manage relationships with unions, including contract negotiations and grievance handling.

 

Legal compliance: Staying informed about labor laws and union regulations is essential.

  • Workforce planning: Unions can impact hiring, firing, and promotion decisions.

In conclusion, while the landscape of employment has changed significantly, unions continue to be relevant for many workers. Their impact on employers, employees, and taxpayers is complex and varies by industry and specific circumstances. HR professionals must navigate the challenges and opportunities presented by unionization to effectively manage the workforce.

 

This question has been answered.

Get Answer