1. How does the Frye test differ from the Federal Rules of Evidence (Daubert) test?

a. What was the decision in the Daubert case?

b. Did Daubert change prior practice in federal courts?

2. In addition to blood, what other substances are used to determine alcohol content in DUI cases?

a. What other tests may be performed in determining if a driver is impaired by alcohol or drugs.

b. What conditions must be met before the evidence will be admissible in court?

3. Is testimony regarding fingerprint comparisons for identification purposes authorized in a criminal case?

a. How can one qualify as a fingerprint expert in order to be considered an expert witness on thematter"?

b. Are the police required to take fingerprints at the scene of a crime?

c. Must the officer give the Miranda warnings before taking fingerprints in order for the fingerprint evidence to be admissible? Explain your answers.

4. How does one qualify as a witness to testify about the results of ballistics experiments?

a. Give examples of some of the subjects of ballistics expert testimony.

5. Describe the deoxyribonucleic acid (DNA) test.

a. How is this test used in criminal cases?

b. Has the test been approved by state courts and by federal courts?

6. Do the courts generally acknowledge the validity of the scientific principles of DNA testing?

Extra Credit Question:

1. Case Review: InState of Missouri v. John Allen Scott https://law.justia.com/cases/missouri/supreme-court/1973/55063-0.htmlLinks to an external site.

Sgt. Harry Oebels, an off-duty police officer is shot and killed in a holdup attempt, while he returns fire. His murderers flee the scene. A couple of years later, an inmate in a penitentiary requestan operation on his colon, and in doing so, the performing surgeon removes a bullet lodged in the stomach cavity. The bullet matches the police officer's gun.

a. Can the bullet be used as evidence against the defendant?

b. Does the defendant have a in prison physician patient relationship?