Standards for the admissibility of scientific or technical evidence currently have to pass the Daubert test, or some state standard of measure. Explain the Daubert test and the historical predecessor, Frye standard
Conclude as to how these standards are becoming more and more important.
The Frye standard required a preliminary determination that the testimony would assist the trier of fact, through an assessment of the reasoning and methodology behind the technological or scientific evidence and its application to the fact in question. This standard was ineffective and the 1975 Federal Rules of Evidence attempted to solve some of the problems. The Daubert test allowed judges to evaluate the testimony of expert witnesses in order to determine the relevancy, reliability and ultimately the admissibility. The Daubert test also applied to all expert testimony. The Daubert test broadened the scope and granted more authority directly to the judge, this has a substantial impact due to the fast-paced advancement of technology. Expert testimony is on the rise.
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