Volume 50, Issue 5 (September 2005)
Ten Years After Daubert: The Status of the States
This paper examines how many of the states have changed their respective scientific-evidence admissibility standards under the influence of the United States Supreme Court's 1993 Daubert decision. The authors offer a definition of what constitutes a Daubert state, and using this definition classify the fifty states into three categories. These are: Frye states (15 states, 10 with codified evidence rules patterned after the Federal Rules of Evidence (FRE)); Daubert states (26 states, 24 with FRE-based rules), and non-Frye/non-Daubert states (9 states, 7 with FRE-based rules). The authors discuss how the reliability requirement varies among the non-Frye states, and examine how particular types of evidence have fared in the Daubert era. Finally, the authors offer some predictions for the scientific evidence trends of the states.