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Cases using phrasing similar to:
"3. conformity to a generally accepted explanatory theory; and 4. probative value compared to prejudicial effect."
In recognition of the inherent danger that expert testimony admitted without proper foundation may tend to confuse or mislead the trier of fact and thus defeat a defendant's right to a fair trial, in United States v. Green, 548 F.2d at 1268, we adopted the four criteria for reviewing a district court's decision to admit expert testimony set down in United States v. Amaral, 488 F.2d at 1152. ... Appellant cites the rebuttal testimony of two expert witnesses at trial, Dr. Charles A. Evans, Senior Research Chemist at the Illinois Materials Research Laboratory who was qualified as an expert in mass spectrometry in general and ion microprobic spectrometry in particular, and Dr. Adon A. Gordus, Professor of Chemistry at the University of Michigan and an expert in trace element analysis of hair.
Apparently not seen, but in any event certainly not included initially, were twenty-six subjects presented in post-conviction, including eyewitness identification challenge, undisclosed hypnosis (not available to first appeal), extradition, arrest beating/bad person evidence, alias bad person evidence, refusal to be photographed in hospital as consciousness of guilt, denied cross-examination, spousal immunity, admissible substantive hearsay, Sandstrom conclusive presumption, search and seizure, invalidly used expert, excess prejudicial publicity pre-trial process, misuse of media, voir dire — Witherspoon expandable, prior reputation bad person evidence, prosecutorial misconduct in final argument — need to be killed like animal — evidence of manner of execution as cruel and inhumane, improper burden of proof in penalty phase, double up of divided pecuniary gain and robbery for felony murder to become dual aggravating factors for death penalty, as well as cumulative error. ... It is also recognized that the discretion in exercise has a proper place under W.R.E. 403 or 706 to reject testimony which may be redundant, lacking benefit, unduly prejudicial, or otherwise excludable as would similar expert witness information on subjects such as speed, point of impact, occurrence of a sexual offense, or psychological explanation of a delayed report.
Despite additional psychological studies on this subject since 1973, when we held it was not reversible error to exclude such testimony in United States v. Amaral, 488 F.2d 1148 (9th Cir.1973), this testimony is still properly excluded if it does not meet the four criteria listed in Amaral: qualified expert, proper subject, conformity to a generally accepted explanatory theory, and probative value compared to prejudicial effect. ... In Amaral, we set forth four criteria to determine the helpfulness of expert testimony: (1) qualified expert; (2) proper subject; (3) conformity to a generally accepted explanatory theory; and (4) probative value compared to prejudicial effect.