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Relative Proportionality Argument Rejected

E-Discovery LLC

After setting out the boilerplate on scope of discovery and requirements for a protective order, the Court wrote: “The burden is on the party resisting discovery to explain specifically why its objections, including those based on irrelevance, are proper given the broad and liberal construction of federal discovery rules.”

Discovery 130
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Flawed science? Two efforts launched to improve scientific validity of psychological test evidence in court

Forensic Psychologist

Judges rule that any weaknesses in his method should go to the “weight” that jurors give Dr. Harm’s opinions, rather than the admissibility of his tests. Attorneys may try to challenge him in court, but their protests usually fall flat. Psychological tests hold a magical allure as objective truth.

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DUPED – THE SCIENCE OF FALSE CONFESSIONS

Temple University Beasley School of Law - Advocacy

The constitutionally-permitted technique of seeking to prompt a confession by providing false incriminating evidence ( g. , “we have video showing you near the scene”) increases the risk of false confessions and at the least can alter a person’s memory of the event. “It Custody is a pivotal construct. No custody, no warnings.

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Hebephilia flunks Frye test

Forensic Psychologist

Under the Frye evidentiary standard , designed to bar novel scientific methods that are not sufficiently validated, a construct must be “generally accepted” by the relevant scientific community before it can be relied upon in legal proceedings. A year later, relying on similar evidence, a judge in upstate New York ruled in State v.

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Junk-science paraphilias remain popular despite official rejection, study finds

Forensic Psychologist

Similar evaluator variability was evident when the researchers zoomed in on OSPD diagnoses in which either hebephilia or nonconsent were proffered as its basis. for example, the court wrote : “This Court cannot help but ask, if this disorder exists, why isn't there convincing evidence that it exists outside the realm of civil commitment?