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Life After Daubert V. Merrell Dow: Maine As A Case Law Laboratory For Evidence Rule 702 Without Frye, Leigh Stephens Mccarthy
Life After Daubert V. Merrell Dow: Maine As A Case Law Laboratory For Evidence Rule 702 Without Frye, Leigh Stephens Mccarthy
Maine Law Review
In reaching its recent decision in Daubert v. Merrell Dow Pharmaceuticals, Inc., the United States Supreme Court grappled not with case law but with fundamental questions about the nature of science and its role in law. The court in Daubert addressed the problematic issue of admissibility of expert scientific testimony. In the end the Court rejected as an exclusionary rule the venerable standard set in 1923 by Frye v. United States. Frye held that scientific testimony was to be excluded unless it had gained “general acceptance” in its field. Daubert held that Rule 702 of the Federal Rules of Evidence …
Evaluating The Reliability Of Nonscientific Expert Testimony: A Partial Answer To The Questions Left Unresolved By Kumho Tire Co. V. Carmichael, Edward J. Imwinkelried
Evaluating The Reliability Of Nonscientific Expert Testimony: A Partial Answer To The Questions Left Unresolved By Kumho Tire Co. V. Carmichael, Edward J. Imwinkelried
Maine Law Review
For almost three-quarters of a century, the venerable standard announced in Frye v. United States governed the admissibility of scientific evidence. The Court of Appeals for the District of Columbia handed down the Frye decision in 1923. Under Frye, the proponent of testimony had to demonstrate that the expert's testimony was based on a generally accepted theory or technique. However, in 1993--seventy years after the rendition of the Frye decision--another court sitting in Washington, the United States Supreme Court, overturned the standard. The Court did so in its now celebrated Daubert v. Merrell Dow Pharmaceuticals decision. In the interim between …