The Law of Evidence

Paper Summary:

This paper explains that scientific proof is one of the chief types of evidence in criminal cases and is often considered the foundation of circumstantial evidence cases. The author points out that, in the early 1960s, scientific evidence was relatively unimportant because the courts relied primarily on physical evidence and lay testimony, especially the testimony of eyewitnesses. The paper relates that, after the Warren Court began fashioning the fourth, fifth and sixth amendment exclusionary rules, which restrict the admissibility of the physical evidence and lay testimony, the number of cases involving scientific evidence increased dramatically. The author reviews several cases, which indicate that, while technology can be ostensibly imposing and even intractable, the courts have shown a willingness and ability to integrate it into their decisions.

From the Paper:

"Another case that demonstrates the law's ability to keep up with technology is "U.S. v. Cordoba", 194 F.3d 1053 (9th Cir. 1999). In Cordoba, after being pulled over, police discovered that the defendant's van contained a large amount of cocaine. Cordoba claimed he did not know that the drugs were present in the van and sought a polygraph examination as a confirmation of his credibility. The parties did not agree, prior to the test, that the results would be admissible. The district court found that the polygraph examination results were inadmissible based on lack of "reliable error rate conclusions."

Sample of Sources Used:

• Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, (1993).
• Frye v. United States, 293 F. 1013(1923).
• Hudson v. Michigan, 547 U.S. 126, (2006).
• Nelson v. State 687 P.2d 744 (1984).
• U.S. v. Cordoba, 194 F.3d 1053 (9th Cir. 1999).

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