LAW 682 Lecture Notes - Lecture 16: Confrontation Clause
Document Summary
Frye v. daubert; reliability, helpfulness, and qualification under fre 702. Frye: applies only to scientific expert testimony, applies only to novel scientific methodologies, requires the court to defer to the relevant community of experts, extends only to general principles or methodologies, not to their application. The methodology or scientific principle on which the opinion is based is sufficiently established to have gained general acceptance in the particular field in which it belongs. Daubert: applies to all expert testimony, applies even to long-accepted methodologies, requires the court itself to evaluate the reliability of the expert"s work, encompasses the expert"s methodology and the expert"s application of the methodology. The testimony is the product of reliable principles and methods; and. The expert has applied the principles and methods reliably to the facts of the case. These are not the exclusive factors for judging reliability.
