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Criminal Justice

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Criminal Justice

Even though different methods have been engaged when inspecting an expert witness in

court, the supreme pursuit is the credibility of the expert’s opinion. The consequence of a case

could be fateful if an expert's witness testimony is inadmissible. The three standards used by

courts to decide to accept witness testimony include Daubert Standard, General Acceptance Test,

and Reliability Test.

Daubert Standard

The Daubert Standard is made up of a universal listing used by courts to assess the

dependability of a testimony. Among the peculiar constituents of this listing include; if the

witness's conception has been proven or can still be proven, if the conception has been referred

to critique and disclosure, the proverbial or possible proportion of misconception of the theory,

the state, and reparation of controls and standards, and finally whether the method has broadly

been admitted in the community. Daubert stresses the value of expert epistemology, conflicting

with centering entirely on conclusions (Cappellino, 2022). In addition, Daubert disapproves of

the belief advised by most judicial divisions that they ought to take part in a rigorous appraisal of

judgments omitting scientific indications suggested by complainants.

General Acceptance Test

Also known as Frye, General Acceptance Test regards an expert testimony as permissible

if the scientific method on which the testimony is established is broadly admitted as trustworthy

in the relative scientific consensus. The judicial division asserts the court's judgment to expert

opinion about a falsehood test. The General Acceptance Test can be exposited when a scientific

technique transverse between empirical and provable phases is problematic to determine. In such
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a scenario, the significant influence of the rule has to be acknowledged. Although the courts will

further declare expert opinion inferred from a notable scientific technique, the abstract from

which the inference is drawn must be adequately instituted to acquire approval in the related

discipline.

Reliability Test

This standard originates from the General acceptance Test but calls for evidence of

reliability. It encompasses the procedure of hypothesizing and adopting scientific research or

reflections to reject or accept the hypothesis. An abstract thought or declaration must be deduced

by a scientific procedure to be regarded as scientific knowledge. In addition, projected evidence

must be reinforced by befitting substantiation founded on what is known. The reliability Test

stipulates that the tribunal must examine the techniques and know-how employed by the expert

and examine if those techniques have been well employed to the concept of the lawsuit.

In some cases, an expert will be required to enlighten an investigator or experimenter on

the techniques without trying to employ these techniques to the particular concepts of the

proceeding (Scientific Evidence - Reliability Test, 2022). The reliability test requires that the

expert be competent. The testimony should lecture on a topic on which the researcher can be

backed up by an expert, the testimony be trustworthy, and conform to the realism of the case.

Even though the pertinent constituents for ascertaining reliability will defer depending on

skillfulness, the rectification declines the assumption that an expert's opinion ought to be dealt

with leniently just because it is not part of science. A testimony from non-scientist experts should

be treated with the same accolade as scientist experts. These standards have been revised to make

them easily comprehendible in courts when dealing with judicial services.

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References

Cappellino, J. A. D. (2022, April 11). Daubert vs. Frye: Navigating the Standards of

Admissibility for Expert Testimony. Expert Institute.

https://www.expertinstitute.com/resources/insights/daubert-vs-frye-navigating-the-

standards-of-admissibility-for-expert-testimony

Scientific Evidence - Reliability Test. (2022). Daubert, Court, Frye, and Testimony - JRank

Articles. https://law.jrank.org/pages/2008/Scientific-Evidence-Reliability-Test.html