Daubert v. Frye Standard
American InterContinental University
In the court of law, scientific evidence and expert witnesses are allowed to be admissible into a court of law as evidence and testimony. The Frye Standard and the Daubert Rule have brought new standards in which scientific evidence and expert witness testimony is allowed in court as evidence. When it comes to an expert witness, he or she has to be certified by the trial judge, as well as have the knowledge, education, and experience. An expert witness testimony in a legal proceeding has been the subject of heated debate regarding the fact there have been innumerable instances where scientific evidence has been misused and falsified, which sent defendants to jail or prison. A. (2012, October 11)
The Daubert v. Merryl case was about a drug that the Daubert family pharmaceutical company had produced to cause birth defects. The Daubert Rule requires the testing of the theory, peer view, the known rate of error to a test, and general acceptance of the particular test within the relative scientific community. The Daubert rule allowed an expert witness testimony from anyone who could articulate his or her standing as an expert in almost any field. Expert witnesses for The Daubert family …show more content…
The Daubert test applied technical and other specialized knowledge, whereas The Fry Standard concern was the scientific knowledge. Both Frye and Daubert tests try to tackle the problem of misuse expert testimony that became a bane of society. The Daubert Rule has made significant changes to the existing legal rules that generally require compelling facts, while the Frye Standard has to determine whether to admit evidence derived from a new methodology and