Meeting a Forensic Podiatry Admissibility Challenge: A Daubert Case Study |
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Authors: | Michael Nirenberg D.P.M. |
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Affiliation: | Friendly Foot Care, PC, Crown Point, IN |
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Abstract: | This article is an introduction to the United States Supreme Court's standard of admissibility of forensic evidence and testimony at trial, known as the Daubert standard, with emphasis on how this standard applies to the field of forensic podiatry. The author, a forensic podiatrist, provided law enforcement with evidence tying a bloody sock‐clad footprint found at the scene of a homicide to the suspect. In 2014, the author testified at a pretrial hearing, known as “a Daubert hearing,” to address the admissibility of this evidence in court. This was the first instance of forensic podiatry being the primary subject of a Daubert hearing. The hearing resulted in the court ordering this evidence admissible. The expert's testimony contributed to the suspect's conviction. This article serves as a reference for forensic podiatrists and experts in similar fields that involve impression evidence, providing evidentiary standards and their impact on expert evidence and testimony. |
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Keywords: | forensic science forensic podiatry expert testimony Daubert Frye Kumho Joiner Federal Rules of Evidence law footprint expert witness |
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