Daubert Criteria
Definition
The four criteria a US federal court applies to assess the admissibility of expert scientific testimony: has the methodology been tested, has it been peer reviewed, is the error rate known, and is it generally accepted in the relevant scientific community.
- Jurisdiction
- US federal courts, expert testimony admissibility
- Criterion 1
- Whether the methodology has been tested
- Criterion 2
- Whether it has been peer reviewed
- Criterion 3/4
- Known error rate; general acceptance in the field
Common questions
Does a forensic method need to satisfy all four Daubert criteria to be admitted?+
No, Daubert established these as a flexible, non-exhaustive set of factors for the trial judge to weigh rather than a mandatory checklist, so a method can still be admitted if it is strong on some factors and weaker on others, at the judge's discretion as gatekeeper.
How have the Daubert criteria affected pattern-matching disciplines like handwriting comparison?+
Pattern-matching methods have faced increased scrutiny under Daubert because many historically lacked published error-rate studies or standardised testing protocols, prompting efforts within disciplines such as handwriting and firearms examination to develop validation studies and quantify error rates to better withstand admissibility challenges.
Related terms
- ACE-V
- Analysis, Comparison, Evaluation, Verification: the four-stage method for latent print examination used by accredited forensic fingerprint laboratories. Analysis examines the latent in...
- Analysis Phase
- The first ACE-V phase: the questioned writing is examined in isolation, individual features are catalogued, and the documentation is locked before the...
- Comparison Phase
- The second ACE-V phase: the catalogued features of the questioned writing are evaluated against the exemplar set, documenting both similarities and differences...
- Evaluation Phase
- The third ACE-V phase: the combined weight of similarities and differences is expressed as a conclusion on the SWGDOC nine-point scale or...
- Linear ACE-V
- An implementation of ACE-V methodology that enforces strict sequential documentation: analysis of the latent mark must be completed and recorded before the...
- Sequential Unmasking
- An information-sequencing protocol in which the examiner receives the questioned material first, completes and documents the analysis before receiving the known standards,...
- SWGDOC Nine-Point Scale
- The conclusion scale developed by the Scientific Working Group for Forensic Document Examination, running from 'identification' (most positive) through 'no conclusion' (midpoint)...
- Target-Shifting
- The cognitive bias whereby an examiner's perception of the questioned writing is unconsciously shaped by prior knowledge of what the exemplar writer's...
- Verification Phase
- The fourth ACE-V phase: an independent second examiner repeats the ACE process without access to the first examiner's conclusion, providing an independent...