Ten Years After Daubert: The Status of the States

    Volume 50, Issue 5 (September 2005)

    ISSN: 0022-1198


    Published Online: 27 July 2005

    Page Count: 10

    Keierleber, JA
    MTC Forensics, Peaks Island, ME

    Bohan, TL
    MTC Forensics, Peaks Island, ME

    (Received 13 June 2004; accepted 26 March 2005)


    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.

    Paper ID: JFS2004241

    DOI: 10.1520/JFS2004241

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    Title Ten Years After Daubert: The Status of the States
    Symposium , 0000-00-00
    Committee E30