PrepTest 64, Section 2, Question 19

Difficulty: 
Passage
Game

Court analyst: Courts should not allow the use of DNA tests in criminal cases. There exists considerable controversy among scientific experts about how reliable these tests are. Unless there is widespread agreement in the scientific community about how reliable a certain test is, it is unreasonable for the courts to allow evidence based on that test.

Court analyst: Courts should not allow the use of DNA tests in criminal cases. There exists considerable controversy among scientific experts about how reliable these tests are. Unless there is widespread agreement in the scientific community about how reliable a certain test is, it is unreasonable for the courts to allow evidence based on that test.

Court analyst: Courts should not allow the use of DNA tests in criminal cases. There exists considerable controversy among scientific experts about how reliable these tests are. Unless there is widespread agreement in the scientific community about how reliable a certain test is, it is unreasonable for the courts to allow evidence based on that test.

Court analyst: Courts should not allow the use of DNA tests in criminal cases. There exists considerable controversy among scientific experts about how reliable these tests are. Unless there is widespread agreement in the scientific community about how reliable a certain test is, it is unreasonable for the courts to allow evidence based on that test.

Question
19

The court analyst's reasoning is flawed because it fails to take into account that

courts have the authority to admit or exclude any evidence irrespective of what experts have to say about its reliability

the standard against which evidence in a criminal case is measured should not be absolute certainty

experts may agree that the tests are highly reliable while disagreeing about exactly how reliable they are

data should not be admitted as evidence in a court of law without scientific witnesses having agreed about how reliable they are

there are also controversies about reliability of evidence in noncriminal cases

C
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