How to Use Daubert v. Merrell Dow Pharmaceuticals to Defend Forensics

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This video describes the Daubert v. Merrell Dow Pharmaceuticals scientific and legal challenges to forensics in criminal court. It's the 2nd video in our series on utilizing science and law to defend against forensic evidence. Visit www.gustitislaw.com for more information about Daubert v Merrell Dow, how to defend forensics, and the best criminal defense attorneys in Bryan-College Station, TX.
This video considers how forensic evidence in the courtroom can be challenged using the Daubert v Merrell Dow scientific reliability and legal relevancy standards.
Other Videos in this Series
-- Forensic Evidence - Intersection of Science and Law ( • Forensic Evidence - In... )
-- How do Police and Prosecutors Use Forensic Evidence to Prove Guilt? (coming soon)
-- How do Criminal Defense Lawyers Defend Against Forensic Evidence in Court? (coming soon)
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About This Video:
In this video, College Station criminal defense attorney Stephen Gustitis explains how to use the scientific and legal principles of Daubert v. Merrell Dow Pharmaceuticals to defend against forensics in the courtroom. This is video #2 in our series on forensic evidence. Steve is a Texas Board Certified Criminal Defense Lawyer practicing in Bryan-College Station, Texas. He has more than 28 years of experience in the field of criminal law and criminal defense in Brazos County. His videos cover a range of the best defense tactics and criminal defense strategies, including Daubert v Merrell Dow. #forensicevidence #gustitislaw #daubert

Опубликовано:

13 июл 2024

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Комментарии : 31

@kevine3634 2 года назад

I have learned and already used much of what you have taught. Your gifts are helping me tremendously. Thank you.

@GustitisLaw 2 года назад

You are so welcome!

@kevine3634 2 года назад

Scientific and legal principles that can be used to defend against forensic evidence.....how about, "officers' claim highly intoxicated visibly; however, they have given no test....uwittingly- I'd already admitted to having had a couple earlier that previous day (1:05am arrest time)". Would the lack of following through with some bac test or the walking test of normal "intoxicated" person be an argument to prove claim of intoxication was hyped up by officers ; and, should I have been as drunk as they claimed I was....wouldn't I have an argument because they have -no forensic evidence to support their claim?

@GustitisLaw 2 года назад

That was not the issue presented in the video. The video concerned the admissibility of "expert" testimony only. Not cop opinions. Cop opinions are often admissible without any gatekeeping function from the judge. But their opinions can be challenged by good cross examiners.

@izrealraw6873 4 года назад

How is Daubert relevant in animal cruelty case where expert witness will be called to testify?

@GustitisLaw 4 года назад

What will the expert witness testify about? Once you know that, you can make a Daubert objection and force the prosecutor to prove the relevancy and reliability of the purported expert's testimony. Consider hiring your own expert to prepare you to cross-examine the State's witness, as well. Thanks for your question.

@juliedavis1761 Год назад

Sir one question only, I promise, in the state of Texas is there a law: "ATTEMPT to commit fabricate of physical evidence with intent to impair, (ATTEMPTED)"?

@GustitisLaw Год назад

Yes, there is an aspect of the criminal law dealing with the "attempted" commission of an offense.

@DesperadoTheTexasScratcher Год назад

Could these same techniques be used in say a civil case? For example paternity?

@GustitisLaw Год назад

Absolutely. In fact, the ruling in this case was in a civil case.

@codymiller510 2 года назад

("the D.A. didn't submit an accusatory pleading, and I got a certificate of detention mailed to me, over my CA pc 22210 charge? I guess because I was preparing an entrapment defense he/she likely was already aware of?...")

@GustitisLaw 2 года назад

I am not familiar with these rules of procedure. We do not use them in Texas. Maybe you can ask a defense attorney in your state.

@ccnationnews5965 2 года назад

Which standard of evidence is better daubert or frye

@GustitisLaw 2 года назад

Both cases concerned the admissibility of expert testimony. The Frye case was supplanted by the Daubert case. Daubert set forth a very detailed examination of expert testimony. Frye applied only a small portion of the analysis, which Daubert established. So the question is not what standard is better. The question is whether you can jump though the hoops of Daubert to get the evidence admitted.

@kevine3634 2 года назад

I understand wearing the badge is already providing the Judge with reliability.So, if they through their legal principles .....wanted to prove beyond a reasonable doubt that I was truly intoxicated as they claimed...why wouldn't they go all the way with the bac test to sort of seal the deal? Therefore could I assume "they knew I wasn't drunk" based on the lack of even attempting a too high bac for submission as evidence?

@GustitisLaw 2 года назад

A BAC test is not required to prove intoxication when state law provides alternative legal theories upon which to obtain a conviction without a chemical test.

@kevine3634 2 года назад

@@GustitisLaw So I am concentrating on alternative legal theories to punch holes in . Thank you for answering me.

@royjackson8519 5 лет назад

How strong is a affidavit in criminal case when the victim mother write one on your behalf

@GustitisLaw 5 лет назад

An affidavit can be helpful. However, since an affidavit is not prepared within an adversarial context (like live courtroom testimony), it has many limitations.

@royjackson8519 5 лет назад

@@GustitisLaw what if it has a notery stamp

@royjackson8519 5 лет назад

@@GustitisLaw do a victim have to testify if they don't want to

@GustitisLaw 5 лет назад

@@royjackson8519 That is an excellent question.If the victim is subpoenaed to court, they must appear. Unless they can assert some kind of privilege, they must answer questions posed to them. However, the answers to those questions is completely up to them. As long as they tell the "truth," they can answer a question anyway they want to. Does that help?

@GustitisLaw 5 лет назад

@@royjackson8519 I assumed the affidavit had a notary stamp when I read your first question. My answer is still the same. :-)

@fraaangaaald1723 Год назад

This standard could be reductionist.

@GustitisLaw Год назад

What do you mean by "reductionist?"

@zoeenriquez4331 3 года назад

What is daubert direct evidence?

@GustitisLaw 3 года назад

Daubert is a U.S. Supreme court case requiring certain scientific evidence be proven relevant and reliable before it is admitted as evidence in court. The purpose of the case was to help prevent "junk science" from being used in court. Great question.

@zoeenriquez4331 3 года назад

@@GustitisLaw thank you po.