Dependent probabilities are not P(X&Y) = P(X) x P(Y|X) – Theorem Baye’s – Odds: Random Match Probability Likelihood a random person has the same trait – Source Probability Likelihood is the source of the evidence here – Δ Guilt Probability Likelihood that is guilty of the crime – Δ Idea that RMP = Guilt Probability Prosecutor’s Fallacy – BUT, P(match|innocence) P(innocence|match) ≠ Note: Statistical data requires foundation (Collins) Traits must be independent, – testimony must be accurate, the traits must describe the guilty person W’s Prior odds of guilt is the province of the jury Scientific Experts When expert renders an opinion on a the technique Frye new or novel technique, – must be before admitting the evidence generally accepted Daubert Whether the theory has been tested Whether it has been published/subject to peer review What the potential error rate is & whether there are SOPs “General Acceptance” Review for abuse of discretion (Joiner) Fit Inquiry (Joiner) Were the studies conducted in accordance with the method? Is there a basis for the conclusion based on that info? expert’s applies to both scientific data and expert opinion testimony (Kumho) Daubert PRIVILEGES Spousal Privilege Confidential Communication Confidential disclosures between husband/wife – Requires both to consent for disclosure, survives the marriage Broken with knowing presence of another or negligence Exceptions Legal proceeding between spouses, crime-fraud, or crimes against – children/spouse, commitment/competency proceedings, joint business owners Testimonial Privilege (Trammel) Any non-confidential communication between – husband/wife (essentially whether spouse can be called at all) Waived by the witness-spouse alone and be compelled/foreclosed by other can’t spouse, does not survive the marriage ACpriv Elements Confidential, communication, between AC, rendering legal services – Presence of parties involved in rendering legal services (paralegal, secretary) does not break privilege Exceptions Testamentary, Fiduciary, Crime-Fraud (advice for future crime/fraud – – review of material triggered on good faith showing) in camera Corporate Clients Employees acting within scope of corporate duties are clients of – in-house counsel (UpJohn) WPpriv
Dependent probabilities are not – P(X&Y) = P(X) x P(Y|X) Baye’s Theorem – Odds: Random Match Probability – Likelihood a random person has the same trait Source Probability – Likelihood Δ is the source of the evidence here Guilt Probability – Likelihood that Δ is guilty of the crime Prosecutor’s Fallacy – Idea that RMP = Guilt Probability BUT, P(match|innocence) ≠ P(innocence|match) Note: Statistical data requires foundation (Collins) – Traits must be independent, W’s testimony must be accurate, the traits must describe the guilty person Prior odds of guilt is the province of the jury Scientific Experts Frye – When expert renders an opinion on a new or novel technique, the technique must be generally accepted before admitting the evidence Daubert Whether the theory has been tested Whether it has been published/subject to peer review What the potential error rate is & whether there are SOPs “General Acceptance” Review for abuse of discretion (Joiner) Fit Inquiry (Joiner) Were the studies conducted in accordance with the method? Is there a basis for the expert’s conclusion based on that info? Daubert applies to both scientific data and expert opinion testimony (Kumho) PRIVILEGES Spousal Privilege Confidential Communication – Confidential disclosures between husband/wife Requires both to consent for disclosure, survives the marriage Broken with knowing presence of another or negligence Exceptions – Legal proceeding between spouses, crime-fraud, or crimes against children/spouse, commitment/competency proceedings, joint business owners Testimonial Privilege (Trammel) – Any non-confidential communication between husband/wife (essentially whether spouse can be called at all) Waived by the witness-spouse alone and can’t be compelled/foreclosed by other spouse, does not survive the marriage ACpriv Elements – Confidential, communication, between AC, rendering legal services Presence of parties involved in rendering legal services (paralegal, secretary) does not break privilege Exceptions – Testamentary, Fiduciary, Crime-Fraud (advice for future crime/fraud – in camera review of material triggered on good faith showing) Corporate Clients – Employees acting within scope of corporate duties are clients of in-house counsel (UpJohn) WPpriv
Evidence%20Murphy%20Fall%202013.docx