Criminal Justice

Case Brief: Daubert v. Merrell Dow Pharmaceuticals (92-102), 509 U.S. 579 (1993) Facts: Jason Daubert and Eric Schuler, minor children (Plaintiffs), suffered sleeve reduction disport defects. They claim that the defects were caused when their mothers ingested Bendectin, an anti-nausea prescription drug manu particularured by Merrell Dow Pharmaceuticals, Inc. (Defendant), go they were significant. accord to the Plaintiffs dears, the drug manu factured by the Defendant caused the deformities. However, the volume of the scientific field does not agree that the drug causes limb deformities and the national Drug Authority (FDA) continues to approve of its use in pregnant women. Question(s): Was the quick-witted recommendation offered by the Plaintiffs witnesses admittable? Did the beneficial witnesses put together the measurings required under Federal ruler of demonstration 702 (Rule 702)? Holding(s): The Plaintiffs expert testimony did not meet the examples pro vided in Rule 702 and thence is not admittable. Opinion: Justice Harry Blackmun When it comes to expert testimony and scientific guess, it is challenging for the speak tos to conclude what a fact is and what a scientific possible action admissible in womanize is. Therefore, Rule 702 of the Federal Rules of Evidence defines the standard. Rule 702 is now the standard for admitting expert scientific testimony. Under Rule 702, there are several factors to consider when determining whether expert testimony is admissible: 1.Whether the theory is generally accepted in the scientific party; 2.Whether the theory/method has been subjected to peer review and publication; 3.Whether the theory/method has been tried or can be tested; and 4.Whether the potential or known rate of error is acceptable. It is the administrations obligation to resolve disputes among the respected and credentialed scientists about matters in spite of appearance the scientists expertise and to d iscard testimony if it is not obtained by th! e scientific method. If expert testimony is...If you want to get a broad(a) essay, narrate it on our website: OrderCustomPaper.com

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