Let’s say that the DNA evidence in this case was derived from a small sample of blood that had to be genetically replicated before it could be tested. The technique for doing so has not achieved “general acceptance” in the scientific community, but

Question

it is a testable and could be subjected to peer review. Evaluate these statements: 1) In a state that uses the Frye standard, the evidence is likely to be excluded at trial; 2) In a state that uses the Daubert standard, there is a chance that the evidence could be permitted at trial.

Famous football star Oxford Jack Wilson is about to stand trial for murdering his brother-in-law, a man who had also served as his agent and accountant. Just before jury selection is about to begin, you are hired as a consultant to assist his legal team. You immediately offer three suggestions. Your first is that the legal defense team attempt to get as many men—preferably football fans—on the jury as possible. Your next suggestion is to make sure that the courtroom is packed with members of the media, in the hope of making Oxford Jack appear to be a celebrity. Your final suggestion is that the attorneys do whatever they can to have potentially-damaging DNA evidence excluded before trial. The lawyers get to work on immediately implementing your ideas.

a. Statement 1 is true; Statement 2 is false.
b. Both statements are true.
c. Both statements are false.
d. Statement 2 is true; Statement 1 is false

Answer 1

Answer: B