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FRE 702 and the Daubert Trilogy

FRE 702 and the Daubert Trilogy: A Turning Point for Criminal Cases

Tuesday, 17 May 2022 by Hon. Brian MacKenzie (Ret.)
Federal Rule of Evidence 702 is undergoing changes that could finally bring the Daubert Trilogy fully into criminal courts. This blog explores how the amendments aim to strengthen judicial gatekeeping and ensure forensic evidence is evaluated using a consistent, evidence-based standard across all cases.
  • Published in Law
Tagged under: Criminal Justice Reform, Daubert Trilogy, Expert Witness Testimony, FRE 702, Scientific Evidence in Court
International Human Rights

Championing International Human Rights: Morton Kjaerum and the Raoul Wallenberg Institute

Thursday, 12 May 2022 by Hon. Brian MacKenzie (Ret.)
Morton Kjaerum discusses the Raoul Wallenberg Institute’s global efforts in inclusion, access to justice, and human rights. He highlights corruption and authoritarianism as threats to progress.
  • Published in Podcast
Judicial Education

Joy Lyngar: Elevating Judicial Education for a Just Society

Thursday, 17 March 2022 by Hon. Brian MacKenzie (Ret.)
Joy Lyngar, Provost of the National Judicial College, discusses the importance of judicial education, the NJC's global impact, and her vision as NASJE's incoming president.
  • Published in Podcast
trauma-informed justice

Trauma-Informed Justice: A Better Approach for Courts

Tuesday, 08 March 2022 by Hon. Brian MacKenzie (Ret.)
Trauma is pervasive in the justice system, yet often misunderstood. This blog explores trauma-informed justice, its roots in PTSD research, and how courts can adopt compassionate, effective approaches. Learn how procedural fairness and a shift from fear-based sentencing can transform lives and improve public safety.
  • Published in Law, Procedural Justice
Tagged under: court reform, Procedural Fairness, Trauma-informed justice, Trauma; PTSD, Veterans Treatment Court
alcohol use disorders in the workplace

Alcohol Use Disorders in the Workplace: A Business Risk

Wednesday, 17 February 2021 by Hon. Brian MacKenzie (Ret.)
Alcohol use disorders in the workplace are more common than many employers realize. With high risks to safety, productivity, and liability, this blog explores how alcohol abuse impacts businesses and outlines five practical steps employers can take to create a drug-free and safer work environment.
  • Published in Alcohol, Alcohol Use Disorder, Drugs, Law
Tagged under: Alcohol Use Disorder, Employee Assistance Programs, Workplace Safety
bite-mark evidence

Bite-Mark Evidence and Frye: When Science Goes Wrong

Tuesday, 28 July 2020 by Hon. Brian MacKenzie (Ret.)
Bite-mark evidence, once widely accepted, is now under intense scrutiny due to scientific invalidation. This blog explores how courts using the Frye standard can revisit outdated forensic testimony and why it matters for justice and scientific integrity in criminal trials.
  • Published in Law
Tagged under: Bite-Mark Evidence, Forensic Science, Frye Standard, Scientific Validity in Court
Daubert standard

The Daubert Double Standard: Scientific Evidence in Courtrooms

Tuesday, 12 May 2020 by Hon. Brian MacKenzie (Ret.)
The Daubert standard reshaped judicial roles as gatekeepers of scientific evidence, yet its application remains inconsistent. While civil courts apply rigorous scrutiny, criminal courts often admit unreliable forensic evidence. Judges must correct this imbalance to ensure justice. The Science Bench Book for Judges offers guidance to navigate this critical issue.
  • Published in Law
Tagged under: Criminal vs civil justice, Daubert Standard, forensic science reliability, Frye Standard, Scientific Evidence in Court
Workplace drug testing

Workplace Drug Testing and Reasonable Suspicion Standards

Tuesday, 22 May 2018 by Hon. Brian MacKenzie (Ret.)
Within a workplace setting what does an employer do when there is a legitimate reason to believe that the employee has been abusing alcohol or taking other drugs.  The law regarding employee privacy is evolving and many workplace drug testing programs should be considered open to a legal challenge.  What is the right balance of
  • Published in Corporate Safety, Drug Policies, Drug Testing, Law
Right to counsel

The Right to Counsel: Gideon’s Mandate and Judicial Responsibility

Tuesday, 08 May 2018 by Hon. Brian MacKenzie (Ret.)
The Sixth Amendment guarantees the right to counsel, but millions face court without an attorney. This article explores how local court practices, judicial inertia, and funding gaps have led to systemic violations of this constitutional mandate—and what steps states like Michigan are taking to reverse course.
  • Published in Law
Tagged under: Gideon v. Wainwright, Judicial Reform, Right to counsel, Sixth Amendment
negligent entrustment

Negligent Entrustment and the Cost of Employer Oversight

Monday, 26 March 2018 by Hon. Brian MacKenzie (Ret.)
A tragic crash in Michigan highlights the deadly consequences of negligent entrustment. This blog explains how poor hiring decisions, fatigue, and lack of corporate safety policies can lead to legal and financial ruin. Learn how employers can reduce liability and protect lives through proper vetting, training, and risk management.
  • Published in Corporate Safety, Road Safety, Traffic Safety
Tagged under: commercial driver safety, corporate traffic safety, Employer Liability, Negligent Entrustment, Vicarious Liability
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