Please help choose a state and explain its guidelines for accepting biometric evidence. Which standard is used? The Daubert standard or the Frye standard? Compare and contrast the analysis of the standard used to a state using a different standard. Which standard do you prefer? Explain why.© BrainMass Inc. brainmass.com October 25, 2018, 10:14 am ad1c9bdddf
DAUBERT VS. FRYE
There have been several instances in U.S. legal history were innocent defendants have been sent to jail based on testimony from experts in legal proceedings. This has been a topic of heated debate in the past few years. Since 1923 Frye standard has served the purpose of general acceptance of scientific evidence in law courts. However, the system received a jolt in 1993 when the Supreme Court gave a verdict that Frye test was not sufficient as general acceptance of scientific evidence. Daubert v. Merryl Dow case has meant that Frye is no longer sufficient to be admissible as scientific evidence and Daubert test supersedes Frye as far as admissibility of scientific evidence is concerned.
In the year 1923 in the Frye v. U.S. case a person named James Frye was tried for murder and in his defense he produced the testimony of an expert with the result of a blood pressure test to try to prove that he was speaking the truth when he did not accept culpability. This deception test was projected as being able to tell if a person is lying or not. From this time onwards this case became a standard for judges across the country where scientific methods where used on a regular basis to defend or prosecute individuals. Frye test is also referred to as Frye standard or general acceptance. This test pertains to admissibility of testimony of experts with the help of scientific methods. There are many states in the country that adhere to Frye test till date.
In the Daubert and Merryl Dow case in the year 1993 the U.S. Supreme court gave a verdict that altered the course in which scientific testimony has been admitted till now. Frye test was abandoned for the first time since 1923 when it was accepted. Three major cases comprise the Daubert test and it is often known as Daubert trilogy. Daubert tests also deals with ...
The material above explains Daubert and Frye standards, their differences and basic similarity. Also explained is the State of Florida's switch to Daubert standard over Frye, the reasons for the change and the challenges faced by the judge and the jurists in adapting to this new change.
On the Daubert Standard
Daubert v. Merrell Dow Pharmaceuticals was a landmark case for forensic psychology professionals as it deviated from the Frye test, which is used as the threshold for judging the reliability of scientific evidence and expert witness credibility. As a result of the Daubert standard, many courts now incorporate language such as Is the methodology underlying the testimony scientifically valid? during pretrial interviews, as well as during the actual trial. The Daubert standard creates a specific standard for judges to use when deciding whether an expert can testify to all aspects of his or her area of expertise and prepared testimony or whether the expert is qualified enough even to testify in the case. In order for a Daubert issue to arise, one of the attorneys in the case presents a Daubert challenge. This prompts the judge to hold a hearing to determine whether the pending testimony of the expert would meet the standard as outlined in Daubert. To be of use to the courts and to provide admissible testimony, forensic psychology professionals must use procedures that meet the level of scientific rigor accepted by their area of expertise, as well as by the court. In order to do this, you must be aware of the standard used by the specific court in which you are to testify, and you must be willing and able to abide by those standards to sound credible and have your testimony accepted in court.
summarize the case you used in the Discussion, including any mental health issues that were involved.
• Explain why and how the Daubert standard might be an issue in regard to the procedures mentioned above that were used to evaluate the defendant.
• Explain how you might prepare to testify if this was, or became, a Daubert challenge hearing.