thefre
ed
ictionary.com has a good discussion of the Daubert
standard, which comes
from Daubert v. Merrell Dow
Pharmaceuticals, Inc., 509 U.S. 579,
113:
In Daubert, the Court stated that
evidence based
on innovative or unusual scientific
knowledge may be admitted only after it has
been
established that the evidence is reliable and scientifically
valid. The
Court also imposed a gatekeeping function on
trial judges by charging them with
preventing "junk science"
from entering the courtroom as evidence. To that end,
Daubert outlined four considerations: testing, peer
review, error
rates, and acceptability in the relevant
scientific community. These four tests
for reliability are
known as the Daubert factors or the
Daubert
test.
Here's Feder
al Rule of Evidence
702, and here's the Daubert
ruling from the
Supreme Court.
--- "When I say something, I put
my name next to it." -- Isaac Jaffe, "Sports Night" [ Reply to This | Parent | # ]
|