Error Rate Disclosure
Definition
The obligation, particularly under Daubert, for an expert to state the known or estimated false positive and false negative rate of their method when applied to evidence similar to the case material. Failure to disclose error rates is a leading ground for exclusion of media authentication testimony in US federal courts.
- Legal basis
- Daubert standard, US federal courts
- Requirement
- State known or estimated false positive and false negative rates
- Consequence of omission
- Leading ground for excluding media-authentication testimony
Common questions
Why does Daubert treat error rate as a factor separate from general acceptance of a method?+
General acceptance tells a court a method is used, but not how often it is wrong. Daubert requires courts to weigh the method's demonstrated reliability, which error rate data speaks to directly.
What makes error rate disclosure especially contested for media authentication testimony?+
Many media authentication techniques, particularly newer digital and AI-based ones, lack large validated error-rate studies, so an expert who cannot cite a tested false positive or negative rate is more vulnerable to exclusion under Daubert.
Related terms
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- Frye Standard
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