§7.7 Reliability Standard (Daubert, Frye)

Quantitative EEG and the Frye and Daubert standards of admissibility.

The 70-year-old Frye standards of "general acceptance" were replaced by the Supreme Court's 1993 Daubert criteria of the scientific method, which established the standards for admissibility of evidence in Federal Court. The four Daubert criteria were: 1- Hypothesis testing, 2- Estimates of error rates, 3- Peer reviewed publication and 4- General acceptance (Daubert v. Merrell Dow Pharmaceutical...

Ten years after Daubert: the status of the states.

This paper examines how many of the states have changed their respective scientific-evidence admissibility standards under the influence of the United States Supreme Court's 1993 Daubert decision. The authors offer a definition of what constitutes a Daubert state, and using this definition classify the fifty states into three categories. These are: Frye states (15 states, 10 with codified evide...

A Decade of Daubert

Admissibility of false-confession testimony: know thy standard.

The reliability of confessions is subject to a variety of factors, some of which give rise to expert testimony. To the degree that prosecutors construe the determination of reliability as an objective standard, they may attempt to bar testimony. Moreover, when the testimony is theoretical rather than clinical, there are additional challenges. Depending on jurisdiction, the admissibility of expe...

Failure of Rorschach-Comprehensive-System-Based Testimony to Be Admissible Under the Daubert–Joiner–Kumho Standard

The Comprehensive System for the Rorschach (RCS) is currently the subject of intense scientific criticism. The normative data for many RCS scores are seriously in error and tend to make normal individuals appear maladjusted. Reliability is inadequate for many RCS scores, and validity for the great majority of RCS scores has not been adequately demonstrated. In addition, a substantial number of ...