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 accept 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 expectant. concord to the Plaintiffs dears, the drug manu situationured 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 tribute offered by the Plaintiffs witnesses admittable? Did the near witnesses consider the measurings required under Federal ruler of demonstration 702 (Rule 702)? Holding(s): The Plaintiffs expert testimony did not meet the cadences provided in Rule 702 and and then is not permissible. 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 opening admissible in tantalization 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 atomic number 18 several factors to consider when determining whether expert testimony is admissible: 1.Whether the theory is generally accepted in the scientific bon ton; 2.Whether the theory/method has been subjected to peer review and publication; 3.Whether the theory/method has been well-tried or can be tested; and 4.Whether the potential or known rate of error is acceptable. It is the addresss obligation to resolve disputes among the respected and credentialed scientists about matters within the scientists expertise and to discard testimony if it is not obtained by the scientific meth! od. If expert testimony is...If you want to get a broad(a) essay, entrap it on our website: OrderCustomPaper.com

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