In the United States, there are two standard rules of an expert witness; which provides valuable insight into issues that emerge as a case progresses. The first prominent Frye standard or general rule of acceptance, established in 1923, when James A. Frye (Weiss, 2014), convicted of second-degree murder and sentenced to life in prison.
At that time, the lower court disallowed Mr. Frye (Appellant) from introducing testimonial evidence relating to the results of a new technique, the systolic blood pressure deception an early form of the polygraph/lie deception test. The Appellant had taken the deception test subsequent to the crime. Hence, one vital reason the court affirmed the original District of Columbia court’s decision to exclude evidence (Weiss, 2014). In the decision, the court set a precedent noting that since the test had not obtained “general acknowledgment in the specific field,” therefore, the testimony was not admissible in court (Baker and Desmond, 2012). Frye standards were not frequently referred to until many years after the verdict was passed time not routinely until the 1970’s and were only applied in criminal cases. Prior, It was not associated in federal civil cases until 1984. However, as most federal courts and most state courts adopted or applied Frye, disarray emerged concerning whether Frye was superseded by the establishment of the Federal Rules of Evidence in 1975 (Baker and Desmond, 2012).
In regard to Daubert standard, a 1993 case concerning two minors Jason Daubert and Eric Schuller and their parents, asserted that the minors severe birth defects occurred as a result of the consumption of prenatal prescription medication Benedictine. Bendectin or Pyridoxine/doxylamine sold under the name “Diclectin” were taken while their mothers were pregnant in order to succor and alleviate nausea (Grady, 2006; Funk, 2018). The lower court terminated the case on Summary of the Decision, as the petitioners did not show evidence in which Bendectin caused birth defects in humans meeting the “general acceptance in the scientific community” standard (Funk, 2018). As per Grady (2006), the appellant Daubert vs. Merrell Dow Pharmaceuticals the Supreme Court was requested to resolve the standard for admitting expert scientific testimony in a federal trial. However, the appellants’ submitted evidence that still had not been established as a trustworthy method presented by scientists who had had an opportunity to scrutinize and verify the methods used by those scientists.
Furthermore, the District Court allowed appeals summary judgment that the appellant summary judgment based on an expert sworn statement concluding, after observing into the broad distributed logical writing regarding the matter, that maternal usage of Bendectin has not been appeared a risk factoring for human birth defects (Daubert v. Merrell Dow Pharmaceuticals, 1993). Hence, the indicated decision sets the precedents that guided the admissibility of expert medical, including scientific testimony (Grady, 2006).
Also, judges essential need to ensure that the testimony is pertinent to inquire at hand and rests on a reliable foundation (Funk, 2018). Also, the court compiled the subsequent factors to consider when evaluating the reliability o expert opinion testimony.The following factors should be considered:1. Does the relevant scientific community generally accept the evidence?2. Does the methodology published and subject to peer review?3.
Is reliability known or potential rate of error in the methodology?4. Can the results be tested through scientific methods?5. Are there standards controlling the technique’s operation?The scientific community is the “gatekeeper responsible” in determining what evidence is admissible in the Fry standard (Funk, 2018).
In utilizing the strict Frye standard in cases that the scientific community identifies a technique or acceptable theory then the court must submit the evidence. Consequent to determining general acceptance, the admissibility of evidence isn’t considered in following cases (Funk, 2018). Whereas, the judge is the “gatekeeper responsibility” who determines what evidence is admissible not the scientific community in the Dauber standard; as the issues in Daubert possibly reexamined, and as conditions such as additional information on error rates or additional peer-reviewed publication ensue, thus, the court has a dynamic view (Funk, 2018).
Furthermore, Funk (2018) affirmed the indicated permits evaluations to be assessed in a case by case, in lieu of finding a single ruling of admissibility, theoretically.Also, as per Baker and Desmond (2012) the Daubert Standard was created to succor in the accompanying court cases, which alongside Daubert v. Merrell Dow is viewed as the Daubert Trilogy:• Kumho Tire Co., Ltd.
V. Carmichael, 526 U.S. 137 (1999)• Extended Daubert Standard to incorporate nonscientific or expert opinion testimony• General Electric Co. v.
Joiner, 522 U.S. 136 (1997)• Purposes appropriate to expert opinion testimony are to be evaluated for abuse of discretion.Concurrently Frye v the US (Frye Standard) and Daubert v Merrell Dow Pharmaceuticals (Daubert Standard) cases have set the point of reference concerning the admissibility of expert testimony.
Although the Frye Standard was the primary standard set while giving expert opinion testimony, the Daubert Standard has predominantly turned into the new standard. Almost all 50 states have implemented Daubert Standard including Florida; however, the State of Florida has amalgamated the two. As of April 2013, the Florida legislature had passed House Bill 7015, which would have eliminated Florida’s requirement on the Frye standard for the admissibility of expert testimony (Roberts, et al.
, 2013). Conversely, Michael Morgenstern (2017, April 03), affirmed that the Florida Supreme Court, by a vote of 4-2 on Feb. 16, 2017, dropped the implementation as a rule, the legislative changes “to the extent that they are procedural” as a result of “grave constitutional concerns” regarding the Daubert standard (Morgenstern, 2017). Hence, the court determines recalls the issue in 2018, in DeLisle v.
Crane Co., putative for oral argument in July 2017 (Morgenstern, 2017).Furthermore, on March 6, 2018, Rumberger, Kirk, & Caldwell (2018) the case that would give the Supreme Court of Florida a chance to determine whether Frye or Daubert is chosen as the principal standard for affirmation of expert witness testimony going forward in Florida state courts DeLisle v. Crane Co.
, et al., No. SC16-2182 (Rumberger, et al.
, 2018). Nonetheless, the indicated case Rumberger, et al., (2018) attest that the offendible party challenges the defendability of 2013 administrative changes to the Florida Proof Code that discontinued the earlier Frye standard for the more thorough Daubert standard for admissibility of expert testimony (Rumberger, et al., 2018).According to Kat S. Hatziavramidis, Esq.2018, May 05), despite what the Florida Supreme Court cases, much is in question for lawyers, specialists, courts, and people.
Since, its decision will without a doubt influence a substantial number of present and forthcoming prosecutors, and influence result in a few parties changing their decision on whether to file suit in Florida or not (Hatziavramidis, 2018). Additionally, lawyers need to give careful consideration to this case, and once the court issues its decision, pertinent evaluation requirement be made. Hatziavramidis (2018) also asserts such choices behooves emulate a watchful appraisal by what means copious consideration of specialists, regardless of whether they are friendly or antagonistic, will confront, an arrangement in what way to address the admissibility rules, and a consideration of any steps taken to guarantee that legal advisors are established to deal with expert opinion testimony in a way that strengthens their client’s odds of success.References:Baker, E. C., ; Desmond, M. E. (2012).
Frye’d by admissibility standards: Does the standard of admissibility in state court make any difference in practice? Retrieved October 11, 2018, from https://www.lexology.com/library/detail.aspx?g=506e65d4-a284-4361-90aa-9c59d9fb8190 Accessed 11 Apr. 2018Daubert v. Merrell Dow Pharmaceuticals, 509 U.
S. 579 (1993). (1993, June 28).
Retrieved from https://www.law.cornell.
edu/supct/html/92-102.ZS.htmlFunk, C. (2018). Daubert Versus Frye: A National Look at Expert Evidentiary Standards. Retrieved from https://www.theexpertinstitute.com/daubert-versus-frye-a-national-look-at-expert-evidentiary-standards/#_ftn4Grady, A.
(2001). Daubert and Expert Testimony. Retrieved from https://journalofethics.ama-assn.org/article/daubert-and-expert-testimony/2006-02Hatziavramidis, K. S.
(2018) Potential Change to Standards of Expert Testimony in Florida | FG Blog. Retrieved from https://www.forensisgroup.
com/the-standard-or-expert-witnesses-in-florida-potential-changesMorgenstern, M. (2017). Daubert v.
Frye – A State-by-State Comparison. Retrieved October 11, 2018, from https://www.theexpertinstitute.
com/daubert-v-frye-a-state-by-state-comparison/Roberts, Esq, R. T., DeCandio, Esq., M.
J., & Ingersol, A. (2013). From Frye to Daubert: What You Need to Know About Admitting Expert Testimony in Florida State Courts. Retrieved October 11, 2018, from http://www.marshalldennehey.com/defense-digest-articles/frye-daubert-what-you-need-know-about-admitting-expert-testimony-florida#main-contentRumberger, Kirk, & Caldwell. (2018).
Florida Supreme Court Hears Argument On Daubert Standard. Retrieved October 11, 2018, from https://www.jdsupra.com/legalnews/florida-supreme-court-hears-argument-on-74742Weiss, K.
J., Watson, C., & Xuan, Y. (2014). Frye’s Backstory: A Tale of Murder, a Retracted Confession, and Scientific Hubris. Retrieved from http://jaapl.org/content/42/2/226Discussion U01D2: Standards of EvidenceA forensic psychology practitioner must be knowledgeable when it relates to the standards of evidence and the burden of proof and what type of case they are being asked to provide consultation. The judicial system has created two concepts, “burden of proof” and “standard of proof (Melton, 2017).
The burden of proof determines what party is at risk for presenting evidence and what level of proof should be given to present their defense. Generally, the burden of proof is set in the hands of the offended (plaintiff) party, which is the party making the case. The offended party is also assigned with the burden of influence and thusly should meet a standard proof while presenting evidence. In civil cases, the “evidentiary standards” are more adapted to the type of case presented.
Civil Cases evidentiary standards (standard of proof) includes:Preponderance of the EvidenceThe plaintiff (injured party) must be able to convince a jury that their claim was more than likely true to win a civil action. Scholars define this standard as 51% of the evidence favors the plaintiff. (Melton, 2017; Justia.
com, 2018).Substantial EvidenceThe indicated standard is used predominantly in administrative law proceedings. This standard entails the plaintiff to necessitate sufficient evidence that a reasonable mind could accept as adequate to support their claim (Justia.com, 2018).Clear and Convincing EvidenceIn some civil cases, the burden of proof is raised to a higher standard called “clear and convincing evidence.” The burden of proof requires the plaintiff to prove that a particular fact is substantially more likely than not to be true. Some courts have described this standard as requiring the offended party to prove that there is a high probability that a particular fact is true.
The aforementioned standard must carry a greater degree of believability than the preponderance of the evidence standard, which is showing that the plaintiff’s version of the facts is more likely than the defendant’s (Melton) but it does not quite rise to the ubiquitous noteworthy standard used in criminal cases, known as “beyond a reasonable doubt.” (Justia.com, 2018).Criminal CasesProof Beyond a Reasonable DoubtIn criminal cases and very few civil cases, the offended party must demonstrate that his or her case is valid “beyond a reasonable doubt.” The aforementioned is the most noteworthy evidentiary standard in the U.S. the justice system. Thus, the prosecution must have evidence that exhibits that the main legitimate explanation is the defendants’ culpability in carrying out the supposed wrongdoing (Justia.
com, 2018). Beyond a reasonable doubt, uncertainty portrays an ethical conviction in the defendants’ culpability in excess of a scientific one. The Supreme Court of the United States accentuated in Victor v.
Nebraska, 511 U.S. 1 (1994) that the aforementioned is a ethical certainty and not a mathematical or absolute certainty (Justia.com, 2018).Credible EvidenceAn accepted standard of proof utilized in some criminal law procedures is the credible evidence standard. Credible evidence is proof that is not really valid, however, that is reliable of conviction and reliable of the jury’s consideration. Some have characterized the aforementioned standard as requiring the jury to infer that the proof is natural, reasonable, and plausible with the end goal for it to be valid.
Reasonable Belief and Reasonable SuspicionsAnother standard used to assess proof in the criminal setting incorporate reasonable belief and reasonable suspicion. Some police activities that are predisposed to these standards of evidence that is created on grounds that are reasonable in consideration of the situations (Justia.com, 2018). As articulated in an unpredicted manner, a reasonable doubt happens when a police officer “observe variable behavior that leads them to consider in view of their experience that criminal pursuit is certainly occurring and that the individuals amidst might be armed and unsafe (Justia.com, 2018).
As asserted “Terry v. Ohio, 392 U.S.
1 (1968) as, when officer of the court views rare conduct that leads them to reasonably conclude that criminal activity may be present (Justia.com, 2018).A forensic psychologist must be able to properly conduct, analyze, interpret and communicate their expert opinion in a way that includes the Evidentiary Standards and Burdens of Proof identified above. The above categorize of the evidentiary standards for psychological assessment proceedings significantly.
Thus, the specialists’ preconception must be able to interpret the verdict with as little preconception as could be expected under the circumstances. On the off chance that preconception is distinguished, the specialist’s duty to limit the impact said predisposition will have on the evidentiary ends (Chezum, 2018). The specialist has a moral duty to exhibit their opinion in a practical and impartial way manner as conceivable. Therefore, it is not a part of their duty to adapt their opinion to the offended party or litigant in the case (Chezum, 2018).
ReferencesChezum, L. (2018). Ethical challenges for psychology in the justice system. online American Psychology-Law Society. Available at: http://www.
apadivisions.org/division-41/publications/newsletters/news/2016/02/legal.aspxAccessed 11 Oct. 2018.Justia.com.
(2018). Evidentiary Standards and Burdens of Proof Overview: Justia. online Available at: https://www.justia.com/trials-litigation/evidentiary-standards-burdens-proof/ Accessed 12 Apr.
2018.Melton, Gary B.(2017) Psychological Evaluations for the Courts, Fourth Edition, 4th Edition.
The Guilford Press, VitalBook file.