Expert opinion testimony and Forensic science

Question 1

What are the three standards for admissibility of expert testimony?

Answer 1

1.) Frye General acceptance test

2.) Daubert factor test

3.) Federal Rules of Evidence (FRE)

Question 2

What is the Frye test for admissibility?

Answer 2

Whether the offered testimony is on a science which is generally accepted by the RELEVAnT scientific discipline

Question 3

What are the FIVE factors for the Daubert admissibility test

Answer 3

1.) Whether test technique or theory can be TESTED FOR RELIABILITY

2.) Whether the technique has been subject to peer review or publication

3.) The known or potential rate of error for the technique

4.) existence and maintenance of standards and controls

5.) Whether the test or technique has been generally accepted by the scientific community

Question 4

What are the FOUR relevant factors for the federal rules for admission of expert testimony

Answer 4

1.) Testimony would help the trier of fact understand the evidence or fact in issue

2.) Testimony is based on facts and data

3.) The technique or method is a result of reliable scientific principles and methods (Frye adjacent)

4.) The expert has reliably applied the scientific principles to the facts of the case

Question 5

What are some examples of generally accepted expert testimony

Answer 5

DNA Testing, Ballistics, toxicology, handwriting analysis, blood pattern analysis, fingerprint analysis, etc.

Question 6

What are some examples of techniques or methods which may NOT be permitted

Answer 6

Hypnotically induced memories, Polygraph tests

Courts are hesitant to accept any expert testimony on fields which are not settled

Question 7

What is the majority test for admissibility of expert testimony?

Answer 7

Daubert (preliminary ruling based on FRE)

Question 8

What is the minority test for admissibility of expert testimony?

Answer 8

Frye general acceptance test