Judicial gatekeeping
Definition
The role of the trial judge in screening scientific evidence before it reaches the jury. Under Frye the judge defers to expert consensus; under Daubert and its equivalents the judge independently evaluates the methodology. Both approaches vest gatekeeping authority in the court but differ in how that authority is exercised.
Related terms
- Bharatiya Sakshya Adhiniyam 2023
- India's replacement for the Indian Evidence Act 1872, in force from 1 July 2024. Section 39 carries forward the expert-witness opinion provisions,...
- Daubert standard
- The US federal evidentiary standard (Daubert v. Merrell Dow Pharmaceuticals, 1993) requiring that expert testimony be based on scientifically valid methods with...
- General-acceptance test
- The Frye rule that a scientific principle must be sufficiently established to have gained acceptance in the particular field to which it...
- Novel science problem
- The practical difficulty that arises when a technique is new and no scientific consensus yet exists. Under Frye, a sound technique is...
- Relevant scientific community
- The group of scientists whose expertise covers the technique under review. Identifying this community is the first step of the Frye inquiry....
Explained in
- The Frye Standard: General AcceptanceThe role of the trial judge in screening scientific evidence before it reaches the jury. Under Frye the judge defers to expert consensus; under Daubert and its...