Daubert Standard Research Paper
Daubert Standard
June 8, 2014
Description of Daubert Standard Expert testimony is important in any trial, but determining whether or not the testimony is admissible can lead to other problems. The Daubert Standard is used by trial judges during the preliminary assessment. It is crucial that the trial judge assesses the expert’s testimony on if it is not only scientifically valid, but also if the testimony can be applied to the issues properly. To properly determine if the expert testimony meets the Daubert standard there are five criteria’s that must be met; “(1) whether the theories or techniques on which the testimony relies are based on a testable hypothesis; (2) whether the theory or technique has been subject to peer review; (3) whether there is a known or potential rate of error associated with the method; (4) whether there are standards controlling the method; and (5) whether the method is generally accepted in the relevant scientific community” (Kennedy, 2014, p. 1). The Daubert standard prevents trial judges from allowing expert testimony that is not reliable from entering the courtroom as evidence.
Influence on Forensic Assessment …show more content…
In Ramirez v. State, “the Supreme Court of Florida rejected expert testimony asserting that a knife belonged to the defendant’s girlfriend was the instrument used to inflict a fatal stab wound” (Kennedy, 2014, p. 1). Under the Frye standard, forensic evidence being used as expert testimony has been challenged. In Ramirez v. State, the judge threw the forensic evidence out because of the Frye standard. Based on the Daubert standard; however, the federal district judge allowed the forensic evidence as expert testimony because of the matching fingerprints on the knife. Judge Pollak allowed the prosecution to present the identification testimony based on the
June 8, 2014
Description of Daubert Standard Expert testimony is important in any trial, but determining whether or not the testimony is admissible can lead to other problems. The Daubert Standard is used by trial judges during the preliminary assessment. It is crucial that the trial judge assesses the expert’s testimony on if it is not only scientifically valid, but also if the testimony can be applied to the issues properly. To properly determine if the expert testimony meets the Daubert standard there are five criteria’s that must be met; “(1) whether the theories or techniques on which the testimony relies are based on a testable hypothesis; (2) whether the theory or technique has been subject to peer review; (3) whether there is a known or potential rate of error associated with the method; (4) whether there are standards controlling the method; and (5) whether the method is generally accepted in the relevant scientific community” (Kennedy, 2014, p. 1). The Daubert standard prevents trial judges from allowing expert testimony that is not reliable from entering the courtroom as evidence.
Influence on Forensic Assessment …show more content…
In Ramirez v. State, “the Supreme Court of Florida rejected expert testimony asserting that a knife belonged to the defendant’s girlfriend was the instrument used to inflict a fatal stab wound” (Kennedy, 2014, p. 1). Under the Frye standard, forensic evidence being used as expert testimony has been challenged. In Ramirez v. State, the judge threw the forensic evidence out because of the Frye standard. Based on the Daubert standard; however, the federal district judge allowed the forensic evidence as expert testimony because of the matching fingerprints on the knife. Judge Pollak allowed the prosecution to present the identification testimony based on the