Daubert standard

The Daubert standard is the best choice for determining the admissibility of forensic evidence and expert witnesses in Florida based on the articles provided. The evidence and expert witness testimony that is put forth in Florida litigation should be assessed by the same standards that apply for all rules of evidence in federal courts. Although the Frye standard provides a wide scope as to what can be used as evidence, a stricter set of standards would be more beneficial to the public because it would assure litigants that the science has been proven to be reliable. Frye is based more on the opinion of other experts in the field and what is accepted. If the polygraph test were generally accepted by scientists in the field, the technique would…

Two of the most important standards regarding expert witnesses are the Frye and Daubert standards. Those will be discussed in detail along with the M’Naghten and Durham rules. Following the explanation of the two standards and the two rules, an article by Jennifer McDougal and Ray Bull will be analyzed and related to the discussion of the validity of the forensic interview. The Frye standard originated in during the 1923 appellate court case Frye v. United States. In the original case, Frye…

After reading and referring to the two articles that were provided, in my opinion I think the Daubert Standard is the best for Florida. The best cases are known to thrive from scientific evidence that can be used in court and deemed to be very important in these cases. Most judges and lawyers are not technically trained (education, work experience, or knowledge) of the evidence in a particular field such as Forensic Science. The decision to involve expert witnesses in a case can provide…

According to the Daubert standard, there are several important factors that need to be met before an expert witness’ testimony may be admissible in a court of law. For instance, the law requires that any tool or assessment that acts as evidence to be based on a practice or method that is widely acceptable to others working within that specific scientific field or science. Therefore, in this particular case example, the judge would start by first identifying the exact methods by which the…

The Daubert standard is the best choice for determining the admissibility of forensic evidence and expert witnesses in Florida based on the articles provided. The evidence and expert witness testimony that is put forth in Florida litigation should be assessed by the same standards that apply for all rules of evidence in federal courts. Although the Frye standard provides a wide scope as to what can be used as evidence, a stricter set of standards would be more beneficial to the public because it…

The Frye Standard: Frye v. United States, 293 F. 1013 (D.C. Cir. 1923). This is an early standard that is currently only in use in a few states. The Frye standard essentially states that for scientific evidence to be admitted it must be generally accepted by the scientific community. 2. The Daubert Standard: Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993). This standard has replaced the Frye standard in most states. This states that testimony will be admitted provided the…

Out of the three sets of expert testimony admissibility standards: The Frye Standard, Rule 702, and the Daubert Standard, the last standard is the best option for Florida. Three main reasons why the Daubert Standard is the better option is: 1) It increases the reliability of evidence by examining factors such as error rate, alternative explanations, and peer reviews 2) It has more checks and balances than the Frye Standard’s criteria of just general acceptance. 3) It is more likely to filter out…

The general standards for admissibility of evidence are that it must be relevant, contain a probative value, and must be free of prejudicial bias. The evidence is relevant if it has the propensity to make a fact more or less credible than it would be without the evidence, and the facts of consequence in determining the action. The probative value depends on satisfying the basic requirement of relevancy as described above, but also upon the existence of any matter of fact. For example, if…

What is standard care? Standard care is a measure of what the community expects and demands from a person from a person in a given situation (Varone, 2012). There are two types of standard care, ordinary and professional. Ordinary standard care is the degree of care that the reasonably prudent person would not run would have exercised under the circumstances and professional standard care is the care that a person with professional skills and training is required to exercise, namely, the care…

Antisera evaluation: bacterial agglutination. Introduction and Aim: Agglutination is the process that describes the coalescing of antigen bearing cells, microorganisms or particles in the presence of specific antibodies, whilst in a suspension. Antiserum is a serum that contains antibodies which are specific for one or multiple antigens (42). Direct agglutination is a process by which antigens detect and bind directly to specific antibodies in serum against a microbe (4). Therefore, the aim of…