Friday, May 26, 2017
Daubert or Frye?
Part of doing the work for Forensic Multimedia Analysis is the eventual testimonial experience. Depending on the state in which you work, or the state in which the case is being heard, different rules will apply.
In my state - Nevada, for example - to the extent that Daubert espouses a flexible approach to the admissibility of expert witness testimony, the Supreme Court of Nevada has held it is persuasive. Higgs v. State, 222 P.3d 648, 126 Nev. Adv. Rep. 1, 2010 Nev. LEXIS 1 (Nev. 2010).
California, however, is a Frye State. People v. Leahy, 882 P.2d 321 (Cal. 1994). Rejected Daubert standard.
Next week, I'll be teaching in Rhode Island. RI R. Evid. Art. VII, Rule 702 adapted the post-Daubert standards determined by the Supreme Court.
For a quick check of your state's rules, click here.