The Rhetoric of Expert Testimony Standards: Why the War Between Frye and Daubert Still Smolders
6 Pages Posted: 5 Feb 2019
Date Written: February 4, 2019
One only need look as far as Florida to see why different standards for the admissibility of expert testimony still exist in the states. Unlike other Federal Rules of Evidence that have been more or less uniformly adopted by states, the expert testimony standard of Rule 702 involving the admissibility of expert testimony continues to meet resistance. This essay highlights the importance of rhetoric in framing the debate. Specifically, the labels given each test have been used to influence and shape views about their propriety. Instead of the rhetoric, the question that should be asked is supplied by design thinking analysis, what are the rules for screening the admissibility of expert testimony at trial hired to do?
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