![]() Trial judges are the final arbiter or “gatekeeper” on the admissibility of evidence and acceptance of a witness as an expert within their own courtrooms. In Daubert, the court explained that the federal standard includes general acceptance, but also looks at the science and its application. Merrell Dow Pharmaceuticals, Inc., the United States Supreme Court held that the Federal Rules of Evidence, and in particular Rule 702, superseded Frye’s “general acceptance” test. In 1993, the Supreme Court had an opportunity to revisit evidentiary standards. Today, it’s still used as a benchmark standard for evidentiary admissibility in certain states. This standard prevailed in state and federal courts for many years. The decision in this case established the “ Frye Standard” meaning a court had to decide if the procedure, technique, or principles in question were generally accepted by a meaningful proportion of the relevant scientific community. Somewhere in this twilight zone the evidential force of the principle must be recognized, and while the courts will go a long way in admitting experimental testimony deduced from a well-recognized scientific principle or discovery, the thing from which the deduction is made must be sufficiently established to have gained general acceptance in the particular field in which it belongs.” “Just when a scientific principle or discovery crosses the line between the experimental and demonstrable stages is difficult to define. In its decision, the court gave a guideline for determining the admissibility of scientific examinations: Its reasoning was that the technology did not have significant general acceptance at that time. United States, the District of Columbia Court rejected the scientific validity of the lie detector machine. One of the first major legal arguments as to the admissibility evidence centered on the use of polygraph machines- more commonly known as lie detectors. Though the states are allowed to adopt their own evidentiary gatekeeping rules, most have adopted or modified Federal Rule 702, including those covering expert testimony. The expert has reliably applied the principles and methods to the facts of the case.The testimony is the product of reliable principles and methods, and.The testimony is based on sufficient facts or data.The expert’s scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in issue.The facts from which the expert derives their conclusion must be accurate and pertinent to the issue of the case.Federal Rule 702 establishes that a witness who is qualified as an expert on the basis of knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise if: The expert’s opinion must be based on foundational facts agreed upon by other experts in the same field. The expert must provide information that is new and not obvious to the jury, making sure that there is no analytical gap in their reasoning. Include valid scientific connections pertaining to case evidence that was not previously apparentĪn expert is not considered helpful if his or her assumptions do not apply to the facts of the case.Provide a reliable opinion to help the fact finders reach a conclusion.3) HelpfulnessĪn expert must be able to add value to the case by assisting the fact finder. The expert’s testimony is admissible so long as the expert uses unambiguous data and follows the standard of practice in his or her field of expertise. ![]()
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