Louisiana Private Investigator Licensing Practice Exam

What standard provides a rule of evidence regarding the admissibility of expert witnesses during US Federal legal proceedings?

1. Frye

2. Daubert

3. Reed

4. Federal Rule 702

The correct answer is: Daubert

The Daubert standard is critical in determining the admissibility of expert witnesses in federal court proceedings. This legal standard originates from the Supreme Court case Daubert v. Merrell Dow Pharmaceuticals, Inc., which established that judge must act as a gatekeeper to ensure that scientific evidence presented is not only relevant but also reliable. Under the Daubert standard, factors are considered to assess the methodology and principles of the expert's testimony. These include whether the theory or technique can be tested, whether it has been subjected to peer review, its known or potential error rate, and the general acceptance of the method within the relevant scientific community. Essentially, the Daubert standard shifts the focus from just the qualifications of the expert to the methodology and relevance of the evidence being offered, ensuring that only scientifically sound evidence is allowed in court. This approach is seen as more rigorous than previous standards, such as the Frye standard, which primarily relied on the general acceptance of the methodology within the scientific community. Therefore, understanding the Daubert standard is crucial for legal professionals working with expert testimonies, as it emphasizes the importance of rigorous scientific standards in legal contexts.