The effects of daubert on the admissibility of expert testimony in state and federal criminal cases

Jennifer L. Groscup; Christina A. Studebaker; Steven D. Penrod; Matthew T. Huss; Kevin M. O'Neil

doi:10.1037/1076-8971.8.4.339

The effects of daubert on the admissibility of expert testimony in state and federal criminal cases

Jennifer L. Groscup, Christina A. Studebaker, Steven D. Penrod, Matthew T. Huss, Kevin M. O'Neil

Department of Psychological Science

Research output: Contribution to journal › Article › peer-review

70 Scopus citations

Abstract

Appellate opinions were evaluated on variables related to expert admissibility to assess the effects of Daubert v. Merrell Dow Pharmaceuticals, Inc. in criminal cases. Analysis reveals changes in appellate courts' consideration of Frye v. United States, the 4 Daubert criteria, and several Federal Rules of Evidence. The importance of Frye and the general acceptance criterion decreased over time, and the importance of the Daubert criteria increased over time. However, these changes were not consistent for all types of testimony. Overall, there is greater reliance on Daubert when determining the admissibility of a scientific expert. However, only criteria related to the Federal Rules of Evidence are reliably related to admissibility decisions. Details of appellate court application of the 4 Daubert criteria, the Federal Rules of Evidence, and other related factors are discussed.

Original language	English (US)
Pages (from-to)	339-372
Number of pages	34
Journal	Psychology, Public Policy, and Law
Volume	8
Issue number	4
DOIs	https://doi.org/10.1037/1076-8971.8.4.339
State	Published - Dec 1 2002

All Science Journal Classification (ASJC) codes

Social Psychology
Sociology and Political Science
Law

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