Testimonial Admissibility of expert witness

Running head: TESTIMONIAL ADMISSIBILITY OF EXPERT WITNESS 1
Testimonial Admissibility of expert witness
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TESTIMONIAL ADMISSIBILITY OF EXPERT WITNESS 2
Testimonial Admissibility of Expert Witness
The authenticity of expert in validating the legal proceedings in the court of law requires
reliable admissibility standard or test. Validation of expert witness testimony plays a significant
role in preventing misuse and falsification of scientific proofs or evidence (Page, Taylor, &
Blenkin, 2011). Even though numerous innocent persons faced jail sentence resulting from
falsification and misuse of expert witness before the adoption of the Frye and Daubert standards.
The Frye test assisted in promoting universal approval of scientific proofs in the court of law.
The Supreme Court passed a verdict in 1993 to invalidate the Frye standards as universal
acceptance of scientific evidence in the court of law. The invalidation of Frye test resulted in the
implementation of the Daubert standard as the admissibility test for scientific proofs in the court
of law. Therefore, this paper seeks to compare and contrast the Frye and Daubert standards in
validating expert testimony.
The Frye standard
In 1923, James Frye faced accusation and murder charges in the court of law. He
produced an expert testimony, which relied on blood pressure to prove his innocence after
denying culpability. He convinced the jury that the test could reveal the truth about the murder
case. Consequently, the test became the admissibility standards for judges in validating expert
testimony based on scientific strategies. The Frye standard requires judges to accept expert
testimony with the assistance of scientific approaches (Faigman, Monahan, & Slobogin, 2014).
Currently, there are numerous states which continues to implement the Frye standard in their
legal proceedings.
Daubert Standard
TESTIMONIAL ADMISSIBILITY OF EXPERT WITNESS 3
The adoption of the Daubert test in 1993 resulted in the transformation of how the judges
in the court of law uses scientific testimony to pass their verdicts against cases. The Daubert
standard handles acceptability of scientific through the governance of Daubert trilogy (Faigman,
2012). Presently, numerous states in the US have adopted the Daubert test, hence portraying its
authenticity and credibility.
Similarities of the Daubert standard and Frye test
Both the Daubert standard and Frye test are significant in making relevant decision
concerning cases in the court of law. They jointly rely on scientific testimony of experts in
validating court verdict (Faigman, Monahan, & Slobogin, 2014). Both the Daubert and Frye
standards assist judges in handling challenges associated with misuse and falsification of expert
testimony, which has become a menace the contemporary society.
Distinctions of Frye test and Daubert standard
First, the courts of law in U.S have implemented the Frye standards from 1923 to validate
expert testimony regarding scientific approach. However, in 1993, the Daubert standard
superseded the Frye test. Second, the Frye standard emphasizes on scientific knowledge, while
the Daubert test applies or relates to both specialize and technical knowledge (Faigman,
Monahan, & Slobogin, 2014). Finally, a substantial number of states in America implement the
Frye standard in legal proceedings. Contrarily, numerous states in different parts of the world
implement the Daubert standard in validating expert testimony in court of law.
Conclusion
This paper compares and contrasts the Frye and Daubert standards in validating expert
testimony. Validation of expert witness testimony plays a substantial role in averting misuse and
falsification of scientific evidence. The adoption of the Frye and Daubert standards assist judges
TESTIMONIAL ADMISSIBILITY OF EXPERT WITNESS 4
in handling challenges associated with misuse and falsification of expert testimony. The Frye
standard emphasizes on scientific knowledge. However, the Daubert test relates to both
specialize and technical knowledge.
TESTIMONIAL ADMISSIBILITY OF EXPERT WITNESS 5
References
Faigman, D. L. (2012). The Daubert revolution and the birth of modernity: Managing scientific
evidence in the age of science. UCDL Rev., 46, 893.
Page, M., Taylor, J., & Blenkin, M. (2011). Forensic identification science evidence since
Daubert: Part Ia quantitative analysis of the exclusion of forensic identification science
evidence. Journal of forensic sciences, 56(5), 1180-1184.
Faigman, D. L., Monahan, J., & Slobogin, C. (2014). Group to individual (G2i) inference in
scientific expert testimony. The University of Chicago Law Review, 417-480.

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