10. Daubert Standard, cont.

• ...Daubert Standard guidelines for admitting scientific expert testimony:

  • The findings to be relevant if they are

    • result of empirical testing - a product of scientific investigation, experimentation to demonstrate the truth or falseness of the hypothesis, and a conclusion that validates (or invalidates) the hypothesis. Has the technique been tested in actual field conditions (and not just in a laboratory)?

      • Example: Fingerprinting has been extensively tested and verified in actual criminal cases, so it is admissible.

    • subjected to peer review and publication: Has the technique been subject to peer review and publication?

    • based on known error rate: What is the known or potential rate of error?

    • based on existence and maintenance of standards

    • accepted by a relevant scientific community.

• Reference:
  http://en.wikipedia.org/wiki/Daubert_standard