Question

what is the Daubert standard and the criteria the judge must evaluate

Answer 1

Daubert guidelines represent the rules of Court of USA with its regulations. It is further verified before it is implemented and followed by the Indian law. The factors considered under this are: 1)whether the subject matter of expert opinion is justified 2) type of information on which the opinion is based 3) whether the expert is qualified to render an appropriate decision on the court judgements. Daubert guidelines include the verdict of court of United States of America during a case filed by Daubert Vs Merrell Dow pharmaceuticals. It included evidence of a minor new discovery of the action of a drug against the normal standard known action of the drug. These guidelines are as follows:

• content of testimony should be tested using the scientific method.
• It should be present in the form of scientific publications and literature review.
• there are certain quality standards and known error rates.
• there should be a general acceptance in the scientific community.
• There should be validity and genuiness in the scientific inputs.

There are federal rules of evidence in 2000 which exhibit that there should be scientific, technical expertise in handling problems related to a specific field of interest.

• There are reliable principles on which the genuiness of the testimony is based.
• witness has applied and tested the validity of the results obtained in the scientific study like DNA testing.
• mentioned in section 45 of the indian evidence act.
• section 293 of the criminal proceedings act.
• General accpetance or Frye test which believes in scientific technique and the acceptance of the scientific procedures and results in the community.