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697 KB
Extraction Summary
7
People
1
Organizations
1
Locations
1
Events
0
Relationships
7
Quotes
Document Information
Type:
Legal document
File Size:
697 KB
Summary
This legal document, page 16 of a filing from October 29, 2021, argues that the proposed expert testimony and 'grooming opinions' of an individual named Roccio should be deemed inadmissible. The author contends that Roccio's testimony is substantially more prejudicial than probative under Rule 403, fails to meet the Daubert standard for scientific reliability, and oversimplifies complex issues, thereby risking misleading the jury. The argument is supported by citations from several court cases, including United States v. Burns and Gonyer, which criticize similar 'grooming theories'.
People (7)
| Name | Role | Context |
|---|---|---|
| Roccio | Expert witness (implied) |
Mentioned throughout the document as the individual whose 'grooming opinions' and proposed testimony are being challe...
|
| Bennett | Author |
Cited as an author in 'Bennett & O’Donohue, 23 J. Child Sexual Abuse at 974'.
|
| O'Donohue | Author |
Cited as an author in 'Bennett & O’Donohue, 23 J. Child Sexual Abuse at 974'.
|
| Burns | Party in a legal case |
Mentioned in the citation 'United States v. Burns, No. 07 CR 556, 2009 WL 3617448'.
|
| Gonyer | Party in a legal case |
Mentioned in the citation 'Gonyer, 2012 WL 3043020'.
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| Raymond | Party in a legal case |
Mentioned in the citation 'Raymond, 700 F.Supp.2d at 150'.
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| Daubert | Party in a legal case |
Mentioned in the context of the 'Daubert standard' for expert testimony and the citation 'Daubert, 509 U.S. at 595'.
|
Organizations (1)
| Name | Type | Context |
|---|---|---|
| Supreme Court | government agency |
Mentioned in reference to its recognition that expert evidence can be misleading.
|
Timeline (1 events)
Locations (1)
| Location | Context |
|---|---|
|
Mentioned in the citation for United States v. Burns, indicating the U.S. District Court for the Northern District of...
|
Key Quotes (7)
"[I]t appears that grooming is not a construct that ought to be used in forensic settings as it does not meet some of the criteria in the Daubert standard."Source
— Bennett & O’Donohue
(Quoted from '23 J. Child Sexual Abuse at 974' to argue against the use of grooming testimony.)
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Quote #1
"radically simplify"Source
— Author of the document
(Used to describe the effect of Roccio's proposed testimony on a complex case.)
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Quote #2
"foist a damning teleology on a series of actions each of which might have been motivated by a variety of ends or no ends at all . . . radically simplifyi[ng] the mess of . . . competing feelings, urges, and needs over the course of [a] relationship into the neat dichotomy of victim and predator."Source
— The Court in United States v. Burns
(Quoted to explain how Roccio's 'grooming theory' is problematic.)
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Quote #3
"invite the jury to so label a defendant"Source
— The Court in Gonyer
(Quoted to describe the effect of testimony about the 'attributes of a sexual predator'.)
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Quote #4
"runs the risk of creating a false sense of expert infallibility in an area of testimony that has not been subjected to scientific scrutiny."Source
— The Court in Gonyer
(Quoted to argue that Roccio's testimony creates a false sense of expert infallibility.)
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Quote #5
"a toxic mixture of purported expertise and common sense"Source
— The Court in Raymond
(Cited from the Gonyer case to describe testimony that has not been subjected to scientific scrutiny.)
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Quote #6
"[e]xpert evidence can be both powerful and quite misleading because of the difficulty in evaluating it."Source
— Supreme Court
(Quoted from the Daubert case to support the argument that Roccio's testimony should be excluded.)
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Quote #7
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