Daubert Standards

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Discuss the current legal standard for introduction of scientific evidence
The Harvard Law Review (2010) shares the Daubert standard is the current law for scientific evidence in federal courts. This requires judges to assess the proposed testimony as scientific knowledge and propose if the testimony fits the facts of the case. Trial judges in two cases, General Electric Co. v. Joiner and Kumho Tire Co. v. Car, made their decisions from the review of testimony which allowed them to make conclusions instead of only using methods and nonscientific evidence.
Compare and analyze the Daubert standard, the Frye Standard and Rule 702
Daubert Test
In 1993 the U.S. Supreme court made another important ruling regarding the admissibility of expert …show more content…
Frye reduces the accuracy the facts by using old techniques which are unproven and allow “well-recognized” form of evidence. The Daubert standard is free of restrictions which courts apply more to admit various types of matching analysis to confirm samples such as: handwriting, hair, fingerprints, bite marks, voice recordings. Sometimes the courts fail to recognize the types of evidence that will improve the accuracy of decisions on the type of evidence used. If a certain method is not adequately tested the scientific community can be beneficial to an eyewitness testimony which may not be subject to the Rule 702 and would be less more accurate (Harvard Law Review, 2010).
What is the difference between Daubert and Frye?
The Frye test concern with scientific knowledge only, whereas Daubert test applies to technical and other specialized knowledge too. Both Frye and Daubert tests try to tackle the problem of misuse of expert testimony that has become a bane of the society. Many states still stick to the Frye test, whereas many states have switched over to Daubert test (Difference Between, 2018). The Daubert standard provides a rule of evidence regarding the admissibility of expert witnesses’ testimony in federal court.
Discuss whether your state uses the Daubert standard or the Frye
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