Daubert / Frye split
Definition
Two competing standards for expert testimony admissibility in the US. Daubert (1993) uses a multi-factor reliability test applied by the trial judge. Frye (1923) applies a simpler 'general acceptance' test. Federal courts and most states use Daubert; a minority of states still apply Frye.
Related terms
- Chain of custody
- The documented chronological record of who collected, handled, transferred, and examined a piece of evidence. For digital evidence, chain of custody includes...
- Daubert standard
- The US federal evidentiary standard (Daubert v. Merrell Dow Pharmaceuticals, 1993) requiring that expert testimony be based on scientifically valid methods with...
- Examination scope
- The defined boundaries of a forensic examination: what evidence was examined, what questions were asked, what time periods were covered, and what...
- Expert witness
- A person whose specialised knowledge is accepted by a court and who gives opinion evidence, not just factual evidence. Forensic auditors frequently...
- Hash verification
- The process of computing a cryptographic hash (SHA-256 or equivalent) of the exhibit file and comparing it against a previously recorded value...
Explained in
- Forensic Reporting and Expert Testimony in Mobile and Network CasesTwo competing standards for expert testimony admissibility in the US. Daubert (1993) uses a multi-factor reliability test applied by the trial judge. Frye (192...