What is the Daubert standard and when is it applied?

What is the Daubert standard and when is it applied?

• A. A standard for admissibility of video evidence in court
• B. A standard for admissibility of witness testimony
• C. A legal standard for admissibility of scientific evidence; applied to assess testability, error rates, peer review, and general acceptance
• D. A rule governing chain of custody

Answer: (C)

The Daubert standard is a gatekeeping test judges use to decide if scientific expert testimony is admissible in court. It comes from the Supreme Court decision Daubert v. Merrell Dow Pharmaceuticals and is applied under the evidentiary rules to the judge’s evaluation of reliability and relevance. In practice, the judge weighs factors such as whether the theory or technique can be tested (testability/falsifiability), whether there are known or potential error rates, whether there are standards that control the technique, whether the theory has undergone peer review and publication, and whether it has gained general acceptance in the relevant scientific community. If the evidence meets these reliability considerations, it can be admitted; if not, it can be excluded. This standard is distinct from rules governing video evidence, general testimony, or chain of custody. It specifically targets scientific evidence and how its methods and conclusions hold up to scrutiny.

The Daubert standard is a gatekeeping test judges use to decide if scientific expert testimony is admissible in court. It comes from the Supreme Court decision Daubert v. Merrell Dow Pharmaceuticals and is applied under the evidentiary rules to the judge’s evaluation of reliability and relevance.

In practice, the judge weighs factors such as whether the theory or technique can be tested (testability/falsifiability), whether there are known or potential error rates, whether there are standards that control the technique, whether the theory has undergone peer review and publication, and whether it has gained general acceptance in the relevant scientific community. If the evidence meets these reliability considerations, it can be admitted; if not, it can be excluded.

This standard is distinct from rules governing video evidence, general testimony, or chain of custody. It specifically targets scientific evidence and how its methods and conclusions hold up to scrutiny.