Docstoc

Admissibility

Document Sample
Admissibility Powered By Docstoc
					Admissibility
The Frye Standard

  1923 – became the standard guideline
   for determining the judicial admissibility
   of scientific examinations. To meet the
   Frye standard, the court must decide if
   the questioned procedure, technique or
   principles are “generally accepted”
   by a meaningful segment of the
   relevant scientific community.
Admissibility of Expert Witness:
Rule 702 of the Federal Rules of Evidence:
 the testimony is based upon sufficient
  facts or data
 the testimony is a product of reliable
  principles and methods, and
 the witness has applied the principles
  and methods reliably to the facts of the
  case.
 The trial judge has the task of ensuring
  that an expert’s testimony rests on a
  reliable foundation and is relevant to the
  task at hand.
The Daubert Ruling

  expanded the Frye test (general
   acceptance) and established a new legal
   standard for scientific testimony in
   Federal Courts.
  Daubert required trial judges to be the
   gatekeepers for expert evidence and
   testimony.
Daubert set forth criteria (not all-inclusive) upon
which scientific testimony must be evaluated
before it can be admitted:



   Reproducibility of scientific principal
   Known or potential error rate
   Existence and maintenance of operating
    standards
   Peer review and publication
   General acceptance in a particular
    scientific community
As a result of the Supreme Court’s ruling,
 some states adopted the Daubert
 standard; some states adhered to the
 Frye test; and other states determined
 their own criteria for admissibility of
 scientific evidence.

Which type of state is Georgia?

				
DOCUMENT INFO
Shared By:
Categories:
Tags:
Stats:
views:2
posted:6/9/2012
language:
pages:6