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The Daubert standard is a rule that judges use to decide if an expert's scientific testimony is based on good reasoning that can be applied to the case. This rule is used to make sure that only qualified evidence is presented to the jury. The standard comes from a court case called Daubert v. Merrell Dow Pharmaceuticals Inc. and considers factors like whether the theory has been tested, reviewed, and has a low error rate. It is used in federal and some state courts and replaced an older standard called Frye. The Supreme Court has clarified the Daubert standard in other cases like General Electric Co. v. Joiner and Kumho Tire Co. v. Carmichael.
The Daubert standard is a legal standard used by a judge to determine whether an expert witness's scientific testimony is based on valid reasoning that can be applied to the facts of a case. This standard is used to ensure that only qualified evidence is presented to a jury during a trial.
The Daubert standard was established in the Supreme Court case, Daubert v. Merrell Dow Pharmaceuticals Inc. in 1993. The factors that may be considered in determining whether the methodology is valid are:
The Daubert standard is used in federal courts and some state courts, replacing the Frye standard in the federal court system. In General Electric Co. v. Joiner, the Supreme Court clarified Daubert, holding that an appellate court may still review a trial court's decision to admit or exclude expert testimony. In Kumho Tire Co. v. Carmichael, the Supreme Court further clarified that the Daubert factors may apply to non-scientific testimony, such as the testimony of engineers and other experts who are not scientists.
For example, if a forensic scientist is called to testify about DNA evidence in a criminal trial, the Daubert standard would be used to determine whether their methodology is scientifically valid and reliable. The judge would consider factors such as whether the technique has been tested, whether it has been subject to peer review, and whether it has a known error rate.