Daubert Standard

The Frye Standard was succeeded by the Daubert Standard. A trial judge used to consider this standard to determine whether an expert witness’ scientific testimony is established on scientifically valid reasoning that can be applied to the facts of the case.

This standard is originated from Supreme Court case Daubert v. Merrell Dow Pharmaceuticals Inc., 509 U.S. 579 (1993).

A legally binding list of criteria for testing methods and theories is included in the standard. The outcome decides whether or not scientific principles have been followed.

The following four Daubert criteria are considered

  1. Verification of the method used,
  2. Publication of the technique with a review by the research community,
  3. Identification and recording of method uncertainties in the results, and,
  4. Acknowledgement of the method in the scientific community.

The Daubert standard is currently used in some federal and state courts. It superseded the Frye standard, which is still used in some states.

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