what is the statement of problem?

what is Frye standard and Daubert standard?

what is frye case? what is daubert case?
 
 

Transcribed Image Text:

Posted on June 03, 2019 by Richard Fechter The Florida Supreme Court issued a per curiam opinion on May 23, 2019, reversing its decision seven months earlier in Delisle v. Crane, (Case No. SC16-2182) concerning Florida Statute Section 90.702 and the admissibility of expert witness testimony in the state. The court made a complete about face, rejecting the less rigorous Frye standard established in Delisle in favor of the strict Daubert standard for expert used by federal courts. According to Justice Poston, the federal court system has followed the Daubert standard for 23 years, which has also been adopted by 36 states, and the "grave constitutional concerns" that led to the rejection of Daubert in the Delisle decision were unfounded. By reversing course and reverting back to the Daubert standard, Florida courts will likely need to address more frequent challenges to expert testimony offered by forensic accountants and valuation analysts. This is not only because Daubert applies to expert opinions relating to new scientific principles (as does Frye), but it also applies to many areas of expert testimony that are not always thought of as being scientific in nature, including testimony involving the calculation of economic damages, business valuation and forensic accounting. Moreover, where Frye (unlike Daubert) allows experts to provide testimony that relies solely on their experience and training, Daubert requires that expert opinions be tested and assessed for reliability, rely on methods that have been subject to peer review and are generally accepted in the scientific community. As a result, testifying experts are now under one evidential standard for admissibility in both Florida courts and in Federal courts in the US (Daubert), which the Supreme Court ruled "will promote fairness and predictability in the legal system as well as help lessen forum shopping." Posted on June 03, 2019 by Richard Fechter The Florida Supreme Court issued a per curiam opinion on May 23, 2019, reversing its decision seven months earlier in Delisle v. Crane, (Case No. SC16-2182) concerning Florida Statute Section 90.702 and the admissibility of expert witness testimony in the state. The court made a complete about face, rejecting the less rigorous Frye standard established in Delisle in favor of the strict Daubert standard for expert used by federal courts. According to Justice Poston, the federal court system has followed the Daubert standard for 23 years, which has also been adopted by 36 states, and the "grave constitutional concerns" that led to the rejection of Daubert in the Delisle decision were unfounded. By reversing course and reverting back to the Daubert standard, Florida courts will likely need to address more frequent challenges to expert testimony offered by forensic accountants and valuation analysts. This is not only because Daubert applies to expert opinions relating to new scientific principles (as does Frye), but it also applies to many areas of expert testimony that are not always thought of as being scientific in nature, including testimony involving the calculation of economic damages, business valuation and forensic accounting. Moreover, where Frye (unlike Daubert) allows experts to provide testimony that relies solely on their experience and training, Daubert requires that expert opinions be tested and assessed for reliability, rely on methods that have been subject to peer review and are generally accepted in the scientific community. As a result, testifying experts are now under one evidential standard for admissibility in both Florida courts and in Federal courts in the US (Daubert), which the Supreme Court ruled "will promote fairness and predictability in the legal system as well as help lessen forum shopping."

Answer rating: 100% (QA)

Statement of Problem It is a section of the research proposal by which a brief description of the major concern of the study problem is presented It i... View the full answer