Posted: January 31st, 2023

ESSAY ASSIGNMENT 3 Read the Kumho Tire Company

ESSAY 3
Attached Files:
• Kumho Tire Co v Carmichael 1999 ESSAY 3.pdf (112.301 KB)
ESSAY ASSIGNMENT 3
Read the Kumho Tire Company, Ltd., et al. v. Patrick Carmichael et al. 526 U.S. 137 (1999); 119 S. Ct. 1167; 143 L. Ed. 2d 238; 1999 U.S. LEXIS 2189; 67 U.S.L.W. 4179; 50 U.S.P.Q.2D (BNA) 1177; 50 Fed. R. Evid. Serv. (Callaghan) 1373; Prod. Liab. Rep. (CCH) ¶ 15,470; 99 Cal. Daily Op. Service 2059; 29 ELR 20638; 1999 Colo. J. C.A.R. 1518; 12 Fla. L. Weekly Fed. S 141 (see attached file)

The main point of this case is:
We conclude that Daubert’s general holding— setting forth the trial judge’s general “gatekeeping” obligation—applies not only to testimony based on “scientific” knowledge, but also to testimony based on “technical” and “other specialized” knowledge.
Read Chapter 11 Applying Bloodstain Pattern Analysis in the Crime Scene
Watch the Jodi Arias Bloodstain Pattern Expert testimony: https://www.youtube.com/watch?v=swrR4d7Cn3Abe
You are the officer in charge of the crime scene functions in your department. You want all of your trained crime scene staff to be competent in bloodstain pattern analysis. You realize that this is a highly specialized training, but you want your personnel to function as bloodstain pattern experts. From your previous readings you know that interpreting and integrating bloodstain patterns into a reconstruction requires, at a minimum:
• an appropriate scientific education;
• knowledge of the terminology employed (e.g., angle of impact, arterial spurting, back spatter, castoff pattern);
• an understanding of the limitations of the measurement tools used to make bloodstain pattern measurements (e.g., calculators, software, lasers, protractors);
• an understanding of applied mathematics and the use of significant figures;
• an understanding of the physics of fluid transfer;
• an understanding of pathology of wounds; and
• an understanding of the general patterns blood makes after leaving the human body.
You also know that, “There are three underlying principles that guide the behavior of the bloodstain pattern analyst:
• The pattern diversity principle
• The principle of stain shape and vector correlation
• The physically altered bloodstain (PAB) principle” (Gardner, 2014: 2024 – Essay Writing Service. Custom Essay Services Cheap, pp. 331-332)
You also know that,
“The methodology employed by the bloodstain pattern analysis (BPA) is relatively simple. The technician:
• Becomes familiar with the entire scene
• Identifies the discrete patterns among the various bloodstained surfaces
• Classifies these patterns based on their physical characteristics using some form of established taxonomy
 Spurt
 Cast off
 Drip trail
 Impact pattern
 Drips
 Smear
 Pattern transfer
• Write a word essay – Evaluate s aspects of directionality and motion in the stain or pattern
• Write a word essay – Evaluate s angles of impact, points of convergence, and areas of origin (if necessary)
• Write a word essay – Evaluate s interrelationships among stains, patterns, and other evidence
• Write a word essay – Evaluate s viable source events to explain the pattern (based on all of the above)
• Validates the analysis through some form of peer review” (Gardner, 2014: 2024 – Essay Writing Service. Custom Essay Services Cheap, p. 339)

ESSAY ASSIGNMENT
Write a 600-word essay on bloodstain pattern analysis.
• Identify the technical elements
• Identify the methodology
• Give examples of how these bloodstain patterns are encountered at crime scenes
• Discuss detection and documentation of bloodstains
• Discuss court testimony and training your staff to testify as experts.
• Discuss why it is a necessary capability
You ultimately want your personnel to be able to testify as experts. Your essay should follow the APA format of Title page, Abstract page, Content page(s), and Reference page. Find at least two relevant scholarly references for your reference section. Include in your conclusion 10 bullet points on training, policy, and protocol recommendations based on the video, Chapter 11, crime scene processing principles, and why and how the competent application of bloodstain pattern analysis is consistent with justice and a Christian worldview.

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