Anti-K
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Is that not the whole point of the jury system?
But not necessarily improved.
I KNOW what we saw with Wong and Epstein, Anti-K. So do they.
Damn right!
Apparently they DO, whether you can see it or not. Just to use Wong as an example, several courts accepted her before the Carnes case, and several have since. It's only THIS one that seemed to have any problems. Wonder why that might be...
Oh, of that, I have no doubt. I just don't think it for reasons as ethical as you think.
Actually, to hear Wong tell it, Alex Hunter had final say on that. (Her exact description was of him as "gatekeeper.) And Epstein hadn't even completed his analysis until right around the time ML took office. I know he took his findings to both Hunter and Lacy, who wouldn't give him the time of day. He even offered to consult with Lou Smit, but apparently, Mr Openmindedness himself wasn't in the mood. I'll let everyone form their own opinions about that.
This is incidental to my point. I'm getting sidetracked.
Beyond what I said earlier, that's true.
Not officially, for reasons I provided.
To say nothing of a defense attorney with no decency. (One Hal Haddon LEAPS to mind.)
That's fair to say. I was just going by what he said. I didn't apply it generally, but you could.
For my money, there's too much reliance on "expert" testimony in courts these days. I'm sure there are statisticians out there who can prove beyond any doubt that Mitt Romney actually won the last election. There's an accountant out in Hollywood who can show you that Avatar LOST money.
No, I don’t think that the whole point of the jury system is to decide how credible any expert might be, and, no, I don’t think jurors should be expected to form their own opinion on matters where an expert opinion is called for.
Daubert is one way of ensuring that the experts presented to the Court/Jurors are actually experts. And, more, that they are experts in an accepted field. Daubert aids the Court and the Jurors in this way. Of course (as Wong demonstrates) Daubert has not always been applied and sometimes it has not been applied properly; but, it is a means of combatting all this expert vs expert nonsense that has plagued the Courts and legal system. It is a good thing.
Kane wrote to Wong and told her that, “the methodology which you have used in reaching your conclusion does not meet the standards employed by the vast majority of forensic examiners in this country.” Kane is harsh in his criticism. He tells her that “it is not clear that your analytic methods would pass the test for admissibility in the courts of Colorado.” He tells Wong that her attempts to insinuate herself into the damages her credibility and wrote, “it would be pointless to utilize the services of an expert who is vulnerable in this regard, given that there are hundreds of other qualified document examiners who are not tinted this way.”
Even Epstein argued against Wong.
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AK