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1. Which of the following is not an explicit factor in the Daubert test?
a.
age of the theory
b.
peer review
c.
rate of error
d.
testing of theory
2. If the scientific theory and/or technique is accepted by higher courts, trial courts may take _____ of the
validity of these theories and techniques.
a.
hearsay exceptions
b.
judicial notice
c.
positive objections
d.
conditional acceptance
3. Prior to the Supreme Court’s Daubert decision, federal courts used a _____ test.
a.
general acceptance
b.
conditional relevance
c.
contingent admissibility
d.
consistency and reliability
4. In 1993, in Daubert v. _____ , the U.S. Supreme Court rejected the Frye test for federal courts.
a.
Dow Chemical Co.
b.
Merrill Dow Pharmaceuticals
c.
Phillip Morris, Inc.
d.
Siemens, Inc.
5. In 1999, in the Kumho Tire Co. decision, the Supreme Court extended the Daubert test to _____.
a.
hearsay
b.
ancient documents
c.
technical evidence
d.
DNA evidence
6. In the Daubert decision, the Supreme Court held that the admissibility of scientific evidence was governed by
Rule _____ of the Federal Rules of Evidence.
a.
402
b.
502
c.
602
d.
702
7. In a 2010 study, it was reported that _____ states had specifically adopted Daubert and an evidence rule
similar to Rule 702.
a.
5
b.
10
c.
20
d.
30
8. Statutes requiring that convicted felons provide blood samples for DNA databases have been held to _____.
a.
violate the privilege against self-incrimination
b.
violate the Fourth Amendment
c.
violate both the Fourth and Fifth Amendments
d.
be constitutional
9. The FBI’s national DNA database system is known as _____.
a.
FICA
b.
RFLP
c.
CODIS
d.
NDNADB
10. Forensic _____ involves evidence about insects.
a.
etymology
b.
immunology
c.
entomology
d.
herpetology
11. DNA is available in about _____ percent of the crimes committed.
a.
10
b.
20
c.
30
d.
40
12. Since adoption of Daubert in some states, the validity and reliability of the _____ test is no longer subject to
judicial notice for purposes of proving guilt.
a.
RFD
b.
RSVP
c.
HMS
d.
HGN
13. The field of serology involves the study of _____.
a.
blood
b.
hair
c.
skin
d.
fingerprints
14. For many years prior to 1993, federal courts utilized the _____ test for the admissibility of scientific
evidence.
a.
Ginsburg
b.
Alito
c.
Connor
d.
Frye
15. In courts that use the _____ Plus test, the admissibility question frequently turns on how accurately and faithfully
the testing laboratory followed accepted procedure.
a.
Frye
b.
Daubert
c.
Williams
d.
Conners
16. Under Daubert, the central issue for scientific evidence is the _____ of the theory and testing on which the
conclusions are based.
a.
repeatability
b.
validity
c.
scrutiny
d.
reliability
17. Unlike Daubert v. Merrill Dow Pharmaceuticals Co., the expert testimony in Kumho Tire Co. v. Carmichael was
provided by a(n) _____.
a.
psychologist
b.
biologist
c.
engineer
d.
forensic scientist
18. Rule _____ has already resulted in changes in how scientific evidence is received.
a.
100
b.
169
c.
609
d.
702
19. In the case of United States v. Crisp, the court concluded that _____ analysis was reliable scientific knowledge and
admissible.
a.
blood
b.
handwriting
c.
DNA
d.
fingerprint
20. So-called _____ fingerprinting tests can sometimes lead to a match between the bullet fragments and the weapon
used to fire the bullet.
a.
blood
b.
hair
c.
skin
d.
ballistic
21. Scientific evidence is infallible.
a.
True
b.
False
22. The Frye test is sometimes known as the general acceptance test.
a.
True
b.
False
23. Of the two main DNA tests, the RFLP test, has gained wider acceptance in the courts.
a.
True
b.
False
24. In the Daubert case, the Supreme Court held that the admissibility of scientific evidence was governed by Rule 702 of
the Federal Rules of Evidence, not the Frye decision.
a.
True
b.
False
25. One of the factors in Rule 702 is the extent to which the scientific testimony will aid the trier of fact.
a.
True
b.
False
26. The Frye test was criticized for being both too broad and too narrow.
a.
True
b.
False
27. In a recent survey, it was found that all states use the Daubert for scientific validity.
a.
True
b.
False
28. In response to its decision in Daubert, the U.S. Supreme Court created Rule 702 of the Federal Rules of
Evidence.
a.
True
b.
False
29. A judge can take judicial notice of the validity of the theories and techniques underlying scientific evidence.
a.
True
b.
False
30. DNA evidence was first admitted in U.S. Courts in criminal cases in the 1960s.
a.
True
b.
False
31. In both the O.J. Simpson criminal trial and the Jimmy Hoffa disappearance, DNA carried the burden of
truth.
a.
True
b.
False
32. DNA is an acronym for disulfide nitric acid.
a.
True
b.
False
33. The two major types of DNA tests are PCR and RFLP.
a.
True
b.
False
34. Requiring convicted felons to give blood samples for DNA databases violates the Fourth Amendment.
a.
True
b.
False
35. Requiring convicted felons to give blood samples for DNA databases violates the privilege against self-
incrimination.
a.
True
b.
False
36. CODIS is the FBI’s national DNA database.
a.
True
b.
False
37. DNA samples have been used in identifying remains found of service members from WW II, the Korean
War and the Veitnam War.
a.
True
b.
False
38. Animal DNA can be linked to the crime scene and used as evidence.
a.
True
b.
False
39. The Supreme Court replaced the Daubert test with the Frye test.
a.
True
b.
False
40. As 40 percent of all criminal homicides go unsolved, it is critical to link the weapon used in a crime to the person who
used it.
a.
True
b.
False
Case 18.1
FBI Agent Mannix has arrived at a Federal Reserve Bank robbery crime scene. The bank robbers got away with
several hundred thousand dollars, but not before they terrorized the patrons of the bank and shot one of the
tellers. The teller was seriously injured, but is expected to make a full recovery. In addition to the spent shell
casings from the shotguns used to scare everyone in the bank to ensure swift compliance with their demands,
bank robbers left behind the note they passed to the teller demanding all the money in their cash drawers. One
of the bank robbers was injured by broken glass and left his bloody gloves in a dumpster in an alley behind the
bank.
41. If the federal prosecutor seeks to have scientific evidence related to the gloves and shell casings admitted, he
will need to
a.
establish reliability of the scientific evidence using the Frye test.
b.
seek judicial notice of each scientific technique employed.
c.
call a forensic entomologist to the stand.
d.
establish reliability of the scientific evidence using the Daubert test.
42. The gloves found at the crime scene
a.
will only be admissible if the perpetrator consents.
b.
may yield useful DNA evidence.
c.
may contain gunshot residue that will identify the shooter.
d.
will help with ballistic fingerprinting.
43. Agent Mannix caught Robby a few days later with marked money from the bank robbery. He also found a
handwritten shopping list in his pocket that appears to match the handwriting on the note found at the crime
scene. What is likely to occur next?
a.
The prosecutor will need to secure a new handwriting sample from Robby to use the bank robbery
note against him using expert testimony.
b.
Handwriting evidence is not admissible generally as it does not pass the Frye test.
c.
The prosecutor can seek to have evidence of the robbery note and its comparison to the laundry note
admitted as evidence against Robby using a questioned documents examiner.
d.
Case 18.2
The police have been called by a hiker who discovered two bodies deep in the woods. Upon arrival, the police
secured the crime scene, interviewed the hiker, and took photographs of the bodies. The crime scene
investigator is not sure how long the bodies have been in the woods, though he estimates they have been here
for at least several weeks. Photographs taken of the faces so far have yielded no positive identification. In
addition, no missing persons report matched the photographs.
44. The time of death is important to the investigation. The most useful test for time of death in the current case
will likely be
a.
lividity.
b.
rigor mortis.
c.
forensic entomology.
d.
DNA evidence.
45. The coroner has noted that both victims appear to have suffered trauma to the skull inflicted by a blunt
instrument. A hammer was found near the two bodies. What is likely to occur next?
a.
Ballistic fingerprinting may help establish the hammer was used to kill the two victims.
b.
DNA evidence will be instrumental in establishing the match.
c.
Fracture matching may be used if the judge finds the theory is generally accepted in the scientific
community.
d.
Only the coroner will be permitted to testify about this evidence.
LEARNING OBJECTIVES:
CEPC.GARD.16.18.3
Case 18.3
Detective Smith has been assigned to investigate a DUI with injuries that occurred several weeks ago. The car
was driven by Mrs. Olive and the responding officer was unable to establish she was under the influence using
field sobriety tests. Mrs. Olive was taken to a nearby emergency room and she provided urine, blood, saliva and
breath evidence. Detective Smith notices that her jacket and knit cap were also taken into evidence.
46. If Detective Smith is trying to verify blood-alcohol levels of Mrs. Olive, her best bet is to
a.
review the urine test results.
b.
see if there were any hair samples tested.
c.
avoid the saliva test results, which only test for drug use.
d.
consider the blood test results.
47. If the urine, blood, saliva and breath evidence are unable to establish DUI in this case,
a.
dashboard video will prove the case.
b.
the officer can testify if she smelled alcohol, but only if it is noted in her report.
c.
the horizontal gaze nystagmus test would be relevant, if done.
d.
Mrs. Olive will not be successfully prosecuted based on scientific evidence.
48. Scientific evidence is usually presented through the use of ____________________ witnesses.
49. The Frye test focused on general ____________________ of the theory or technique in the relevant
scientific field.
50. In federal courts, the Frye test was replaced by the ____________________ test.
51. The Federal Rules of Evidence that deals with the admissibility of scientific evidence is Rule
____________________.
52. In the Kuhmo Tire Co. case, the Supreme Court held that the Daubert test was applicable to
____________________ evidence as well as scientific evidence.
53. In some cases, court may take ____________________ of the validity of underlying scientific theories and
techniques.
54. Of the two DNA tests, courts have shown greater acceptance of the ____________________ test.
55. Forensic ____________________ uses evidence about insects to help solve cases.
56. The field of ____________________ involves the study of blood.
57. The U. S. Supreme Court, writing in ____________________, upheld a state law that requires those arrested
for serious offenses to submit to a buccal swab DNA test as part of the booking process.
58. In the 1980s, after Frye but before Daubert, the ____________________ test was used.
59. Adoption of the Daubert test in state and federal courts has caused some courts to question the reliability of
the horizontal ____________________ nystagmus for detection of intoxication.
60. Rule 702 has already resulted in changes in how ____________________ evidence is received.
61. DNA genetic profiling has received such wide acceptance among criminal justice professionals that it is
frequently called ____________________ fingerprinting.
62. The federal DNA act was amended in 2006 to require persons arrested for ____________________to submit
DNA samples, and 24 states have passed similar laws.
63. Discuss, describe, compare, and contrast the Frye rule with its successor, the Daubert rule.
64. According to the Supreme Court in the Daubert decision, what are the five factors trial courts should assess to
determine scientific validity of a scientific theory or technique?
65. Explain the biological theory underlying DNA testing and how such evidence is usually presented in court.
66. There are a number of agencies or sources providing the collecting, correlating, and coordination of evidence. Name
and discuss at least three of these.
67. Describe the Federal DNA Act.
68. Describe the two limitations on DNA evidence as of 2012.
69. Describe ballistic fingerprinting and its limitations.
70. Discuss matching shell casings and “microstamping” and the issues associated with it.
