Explain and compare the two tests of scientific techniques as established in Frye and Daubert. How could states using one test find differently than a state using the other? Do you feel either of these tests are good policy? Use examples (real or hypothetical) and explain why or why not.
What will be an ideal response?
The Daubert test is followed by judges in federal courts and takes a broader view than Frye. Daubert asks a judge to study the research and views of experts and to reach his or her own conclusion as to whether a scientific technique is reliable and will assist the “trier of fact to understand the evidence or to determine a fact in issue.” Today, roughly 23 states accept the Frye standard and 21 accept Daubert.
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