Daubert Test

The Daubert Test is a standard used by U.S. federal courts to determine the admissibility of expert scientific evidence. It stems from the landmark case of Daubert v. Merrell Dow Pharmaceuticals, Inc. (1993). The test is intended to ensure that expert testimony is based on reliable principles and methods.

Criteria for the Daubert Test:

1. Testability: The scientific theory or technique must be capable of being tested and subjected to peer review.
2. Peer Review: The theory or technique should have been published in peer-reviewed scientific journals or have undergone scrutiny by the scientific community.
3. Error Rate: The known or potential error rate of the technique or theory should be reasonably low.
4. Standards and Controls: The theory or technique should be supported by standards and controls that ensure its reliability.
5. General Acceptance: The theory or technique should enjoy general acceptance within the relevant scientific community.

Role of the Judge:

The Daubert Test places the judge in a gatekeeping role, requiring them to determine whether the proffered scientific evidence meets the above criteria. The judge considers expert qualifications, methodology, and the relevance of the evidence to the case at hand before making a determination of admissibility.

Implications:

The application of the Daubert Test is aimed at preventing the admission of unreliable or unscientific expert testimony. It ensures that only scientifically valid evidence is presented to the jury or trier of fact, reducing the risk of jurors being influenced by unfounded or prejudicial opinions in reaching their decisions.