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

Research output: Contribution to journalArticle

67 Citations (Scopus)

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 languageEnglish
Pages (from-to)339-372
Number of pages34
JournalPsychology, Public Policy, and Law
Volume8
Issue number4
DOIs
StatePublished - Dec 2002

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Expert Testimony
testimony
expert
appellate court
evidence
Pharmaceutical Preparations
pharmaceutical
acceptance
time

All Science Journal Classification (ASJC) codes

  • Social Psychology

Cite this

The effects of daubert on the admissibility of expert testimony in state and federal criminal cases. / Groscup, Jennifer L.; Studebaker, Christina A.; Penrod, Steven D.; Huss, Matthew T.; O'Neil, Kevin M.

In: Psychology, Public Policy, and Law, Vol. 8, No. 4, 12.2002, p. 339-372.

Research output: Contribution to journalArticle

Groscup, Jennifer L. ; Studebaker, Christina A. ; Penrod, Steven D. ; Huss, Matthew T. ; O'Neil, Kevin M. / The effects of daubert on the admissibility of expert testimony in state and federal criminal cases. In: Psychology, Public Policy, and Law. 2002 ; Vol. 8, No. 4. pp. 339-372.
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