Criminal Procedure And Criminal Evidence Trial Prep Memorandumas

Criminal Procedure and Criminal EvidenceName:Institutional affiliationAccording to the Federal Rules of Evidence (FRE) number 702 on the testimony by an expert witness. The rule states imply that formal education is not a requirement for a witness to qualify as an expert witness. Instead, knowledge in the field, experience, skill and training is also accepted as a basis for evidence. The rule looks at four major issues. The testing and testability of the evidence, peer review and publications, error rate of the principle, and the general acceptance. The prosecutor has to convince the court that his expert witness had the scientific, technical or knowledge that will assist the jury to determine the fact in the issue, the witness applied the principles in accordance to the case. Example is in Kumho Tire Co. Versus Carmichael, 526 U.S. 131(1999) where the court accepted non-scientific evidence in the determination of reliability (Capra, 2014, p. 45).Secondly, Rule 703 on the basis of data and facts for the expert witness. According to the rule, facts and data are either derived from the expert’s first hand observation of the crime details or from a secondary source, according