Admissibility

The Frye Standard  1923 – became the standard guideline for determining the judicial admissibility of scientific examinations. To meet the Frye standard, the court must decide if the questioned procedure, technique or principles are “generally accepted” by a meaningful segment of the relevant scientific community.

Admissibility of Expert Witness: Rule 702 of the Federal Rules of Evidence:  the testimony is based upon sufficient facts or data  the testimony is a product of reliable principles and methods, and  the witness has applied the principles and methods reliably to the facts of the case.  The trial judge has the task of ensuring that an expert’s testimony rests on a reliable foundation and is relevant to the task at hand.

The Daubert Ruling  expanded the Frye test (general acceptance) and established a new legal standard for scientific testimony in Federal Courts.  Daubert required trial judges to be the gatekeepers for expert evidence and testimony.

Daubert set forth criteria (not all-inclusive) upon which scientific testimony must be evaluated before it can be admitted:  Reproducibility of scientific principal  Known or potential error rate  Existence and maintenance of operating standards  Peer review and publication  General acceptance in a particular scientific community

As a result of the Supreme Court’s ruling, some states adopted the Daubert standard; some states adhered to the Frye test; and other states determined their own criteria for admissibility of scientific evidence. Which type of state is Georgia?