Contrast the Frye test,the Federal Rules of Evidence,and the Daubert decision with regard to the standard for admissibility of expert testimony.

Question

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The Answer is The Frye test, the Federal Rules of Evidence, and the Daubert decision all provide different standards for the admissibility of expert testimony in court.

The Frye test, established in the 1923 case Frye v. United States, requires that expert testimony be based on scientific methods that are generally accepted within the relevant scientific community. This means that the evidence or testimony must have gained general acceptance in the field to be admissible in court.

The Federal Rules of Evidence, specifically Rule 702, allows expert testimony if the witness is qualified as an expert by knowledge, skill, experience, training, or education, and if the testimony is based on sufficient facts or data, the testimony is the product of reliable principles and methods, and the expert has reliably applied the principles and methods to the facts of the case.

The Daubert decision, from the 1993 case Daubert v. Merrell Dow Pharmaceuticals, Inc., expanded the standard for admissibility of expert testimony. It requires the trial judge to act as a gatekeeper and ensure that any scientific testimony or evidence is not only relevant but also reliable. The judge must consider factors such as whether the theory or technique can be tested, whether it has been subjected to peer review and publication, its known or potential error rate, and whether it has gained general acceptance in the scientific community.

In summary, the Frye test relies on general acceptance within the scientific community, the Federal Rules of Evidence focus on the qualifications and reliability of the expert, and the Daubert decision adds additional factors for the judge to consider in determining the admissibility of expert testimony. Each standard provides a different approach to evaluating the admissibility of expert testimony in court.

Contrast the Frye Test,the Federal Rules of Evidence,and the Daubert