What must be done to lay the foundation for the admission of scientific evidence at trial?

Question

What will be an ideal response?

Answer 1

The foundation for the introduction of scientific evidence involves successfully answering three questions: (1) Is this a valid scientific test? (2) Was accurate equipment used for the test? and (3) Was the test performed in an appropriate manner by a qualified person? The attorney must call witness(es) to the stand and ask appropriate questions to answers these questions. After the foundation has been laid, the attorney can ask questions that enable the witness to testify about the test results Opposing counsel has the right to cross-examine the witnesses in order to discredit them and convince the jury that they should not rely on the test results during deliberations.
If a new test is involved, there may be extensive discussions between the attorneys and the judge, without the jury present, over whether the test results should be introduced at trial. If the jurisdiction still uses the Frye rule, the attorney who wants to have the test results introduced into evidence must establish that the test is generally accepted as reliable in the relevant scientific community. If the Daubert rule is used, the judge makes the assessment whether the reasoning or methodology underlying the testimony is scientifically valid and that the reasoning or methodology properly can be applied to the facts in issue. The attorney who wants to introduce the test results must be prepared to provide the judge with the information needed to draw this conclusion. Once the judge has ruled that the test results are admissible, the jury will be called in and the foundation will be laid.