Comparing and contrasting the Frye standard, [Frye vs. United States Term Paper

Comparing and contrasting the Frye standard, [Frye vs. United States (293 F. 1013 (DC Cir 1923)], with the Daubert standard [Daubert v. Merrell Dow Pharmaceuticals (509 U.S. 579 (1993) - Term Paper Example s called â€Å"Fyre in drag.† Problems have come up with this standard, due to the fact that it has led to eyebrows being raised regarding the vitality of the standard and on its flexibility to be able to adjust to different situations and fresh and new scientific matters, where "general" or "widespread" approval is not gathered. Conversely, whether fresh or new, supposedly scientific matters are issues of significance to the court have been quizzed. As a substitute to this standard, many law courts apply Rule 702 of the  Federal Rules of Evidence, as the basis for professional testimony and scientific evidence. In my essay I will provide an explanation of how courts view science and how that view has changed over the last century. I will make also make a prediction of future evidentiary issues for forensic evidence and explain whether forensic evidence in criminal investigations and trials will increase or decrease over the next two decades.   Jason Daubert and Eric Schuller were born with abnormal birth problems that relate to the physicality of the body. Both them together with their real parents had decided to take legal action against Merrell Dow Pharmaceuticals Inc, which is a branch of Dow Chemical Company, which is solely situated in some state court in the state of California in the United states of America, They believed that a specific drug in the name of Bendectin had caused the birth abnormalities. Merrell Dow thus transferred the case to federal court, and then made the move for Summary judgment owing to the fact that their legal committee submitted records indicating that no published scientific research and experimentation pointed out a connection between Bendectin and birth abnormalities. Daubert and Schuller, forwarded their professional evidence formulated by themselves which postulated that Bendectin might cause abnormalities resulting from the birth process. In the case in the year 1923, Frye vs united states, 293 F1013(D.C Cir 1923), the

Creative memoir Essay Example | Topics and Well Written Essays - 750 words

Creative memoir - Essay Example My nanny saw me and took me in her arms and tried explaining that my beloved grandmother had passed away and the people were mourning for her. My grandmother laid on a makeshift wooden bed in the living room. Soon people started moving from the house to go prepare the burial ground where she would be buried and I could not understand the burial process. I had a lot of questions about it and I approached my father who was accompanied by other men. He explained that they were burying her in the ground in a hole and close up the hole with dirt. Even though I did not understand the ritual, I knew that underground was full of insects and they would surely eat my grandmother and harm her. There was also a lot of mud on the ground and I was adamant right then that I would not go underground amidst all the mud and insects but this statement only raised laughter all around my uncles. I realize now after reflecting on that moment that all of us have to die someday and according to my culture be buried underground in a grave. Further reflection makes me understand that they were laughing at my innocence and lack of knowledge of our culture and the world in general like I do now. Meanwhile inside the house, my mother who was stricken with grief sat done on my grandmother’s bed crying her eyes out. Since no one was providing me with answers about death, I assumed my grandmother would hear me and explain it herself. All my efforts to talk to her were futile as she could obviously not hear or understand. Throughout my childhood, I did not understand the issue but years later I came to understand the issue of death. My mother fainted soon afterwards and was taken to my grandmother’s bedroom to be attended. I accompanied her out of curiosity as to what had happened to her as well as out of concern mixed with fear. The room was filled with nine other people all talking animatedly about the life of my grandmother and her good selfless deeds all around the neighborhood and