Expert Witness Testimony

Question 1

Daubert v Merrell Dow Pharmaceuticals

Answer 1

USSC 1993
FRE, not Frye, provides the standard for admitting expert scientific evidence in a federal trial.
Fry test stated, “The thing from which the deduction is made must be sufficiently established to have gained general acceptance in the particular field in which it belongs.”
FRE 702 said, “If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto…”
The judge should consider:
- whether the theory/technique can be and has been tested
- whether it has been subject to peer review and publication
- its known or potential error rate
- the existence and maintenance of standards controlling its operation
- whether it has attracted widespread acceptance w/in the relevant scientific community (Frye test)

Question 2

Kumho Tire v Carmichael

Answer 2

USSC 1999
Daubert applies not only to scientific evidence but also “skill or experience-based” evidence.
(Most courts have not applied Daubert to “soft sciences” such as violence risk and NGRI assessments in criminal cases.)