Question oneDaubert standard is utilized by a trial judge to make an opening evaluation to investigate whether a specialist scientific proof is grounded on reasoning or techniques that are empirically valid (Faigman, 2013). Several factors are used to determine if the method used is accurate. Aspects, such as existence and maintenance of criterion of managing its operation, the recognized rate of error, among others are employed (Faigman, 2013). The standard impacts scientific evidence significantly because it had to be handled vigorously and cross-examined (Faigman, 2013). It also helps experts to prepare their testimonies adequately before presenting them before the trial judges. In fact, theories utilized when using the standard should be tested, and the techniques employed should be managed.
Bloodstain pattern analyst gets ready for voir dire and testimony, he or she may choose to help the counsel to prepare qualifying questions (Bandyopadhyay & Basu, 2015). Additionally, an analyst develops issues that give them an advantage in the case. The analyst is expected to prepare by reading and understanding his or her report to be ready for the direct questioning that will take place in the initial stages of a trial (Bandyopadhyay & Basu, 2015). Another preparation that they make is the reviewing all reports and books that they know conclusion will be drawn using them (Bandyopadhyay & Basu, 2015). Moreover, they should remember the theories of other writers who may ask question them. The last preparation is being able to verbalize what they drew their conclusion.
It is vital to state that administrative aids are useful when explaining bloodstain pattern analysis testimony. The benefit is that the aids enhance an analyst’s testimony before the court. When analysts provide visual prompts and positive thoughts, they give concrete ideas of the events that happened in the scene (Bandyopadhyay & Basu, 2015). However, it is critical for the analyst to search for adequate knowledge by use of hands in the event in the area where the crime took place.
- Bandyopadhyay, S. K., & Basu, N. (2015). Review of common bloodstain patterns documented at a crime scene in the event of blunt force hit. American Journal of Computer Science and Information Technology (AJCSIT), 3(1), 045-063.
- Faigman, D. L. (2013). The Daubert revolution and the birth of modernity: Managing scientific evidence in the age of science. UC Davis Law Review, 46(3), 3-54.