Admissibility of Scientific Evidence and Expert Testimony: One Potato, Two Potato, Daubert, Frye

Abstract

The goal of scientific research is to increase our knowledge. As knowledge grows, previously well-accepted theories are cast off and replaced by new theories, which in time may be refined or rejected. Though the world was once believed to be flat, we believe it to be rather round today. Newton’s discovery of gravity still holds, so far.

Expert testimony has been admitted in America since the 1600’s; for example, a Dr. Brown gave “scientific” testimony at a heresy trial that the defendant had “bewitched” several persons.’ How should trial judges filter which scientific and other expert evidence is admissible?

Keywords: scientific evidence, expert testimony, trials, Maryland Rules of Evidence, Federal Rules of Evidence, Frye standard, Daubert, courts

JEL Classification: K19, K29, K39, K49