THE EFFECTS OF DAUBERT ON THE ADMISSIBILITY OF EXPERT TESTIMONY IN STATE AND FEDERAL CRIMINAL CASES

Appellate opinions were evaluated on variables related to expert admissibility to assess the effects of Daubert v. Merrell Dow Pharmaceuticals, Inc . in criminal cases. Analysis reveals changes in appellate courts' consideration of Frye v. United States , the 4 Daubert criteria, and several Fed...

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Bibliographic Details
Published in:Psychology, public policy, and law public policy, and law, 2002-12, Vol.8 (4), p.339-372
Main Authors: Groscup, Jennifer L, Penrod, Steven D, Studebaker, Christina A, Huss, Matthew T, O'Neil, Kevin M
Format: Article
Language:English
Subjects:
Adjudication
Expert Testimony
Forensic Psychology
Human
Legal Decisions
Legal Processes
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Summary:Appellate opinions were evaluated on variables related to expert admissibility to assess the effects of Daubert v. Merrell Dow Pharmaceuticals, Inc . in criminal cases. Analysis reveals changes in appellate courts' consideration of Frye v. United States , the 4 Daubert criteria, and several Federal Rules of Evidence. The importance of Frye and the general acceptance criterion decreased over time, and the importance of the Daubert criteria increased over time. However, these changes were not consistent for all types of testimony. Overall, there is greater reliance on Daubert when determining the admissibility of a scientific expert. However, only criteria related to the Federal Rules of Evidence are reliably related to admissibility decisions. Details of appellate court application of the 4 Daubert criteria, the Federal Rules of Evidence, and other related factors are discussed.
ISSN:1076-8971
1939-1528
DOI:10.1037/1076-8971.8.4.339