Supreme court the federal rules of evidence not frye

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-Supreme Court - The Federal Rules of Evidence, not Frye, provide the standard for admitting expert scientific testimony in a federal trial. -Established alternate standard to Frye for all Federal evidence. –Alternative standard relative to Frye . –Based upon Federal Rules of Evidence (Rule 702) that are more flexible. –“ If scientific … knowledge will assist the trier of fact to understand evidence or to determine a fact in an issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify …..if •It is based upon sufficient fact or data •It is a product of reliable principles and methods •The principles are applied reliably to the facts of the case. –General acceptance of Frye standard not necessary. –Assigns trial judge “gatekeeper” responsibilities in determining the admissibility and reliability of scientific evidence. (Daubert Hearings) –More Flexible in admitting new types of data –Relies upon jury (with help from the judge) to determine value of evidence and the adversarial judicial system (cross-examination of expert witnesses and counter expert witnesses) to refute scientific evidence. –Guideline for determining value of scientific evidence may include : •Has the technique or theory been tested •Has the technique or theory been subjected to peer review •What is the technique’s potential error rate •Existence of standards controlling the performance of the analysis •Has the theory or method received widespread acceptance within the appropriate community
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–Allows for authentic scientific break-throughs
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  • Spring '08
  • Spencer
  • Evidence law, Daubert v. Merrell Dow Pharmaceuticals, Bendectin

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