Expert Scientific Witness Testimony

Paper Summary:

The paper discusses the 1923 U.S. Supreme Court's "Frye" decision that generated the limited criteria used by courts to determine the qualification of proffered scientific expert witnesses in federal cases. The paper then discusses the "Daubert" case that expanded the criteria for expert scientific witness qualifications and highlights the inappropriateness of "Frye" as well as "Daubert" to fire investigation.
The paper then looks at the 1999 "Carmichael" case that finally resolved the conflicting standards articulated under Frye and Daubert, by including non-scientific evidence as well as scientific evidence, offering a tremendous improvement for fire investigators.

Outline:
Introduction - The Frye Decision and the Evolution of Modern Evidence Standards
The Expansion of Criteria for Expert Scientific Witness Qualification
The Inappropriateness of Frye to Fire Investigation
Conclusion - Carmichael, Federal Rule 702, and Implications for Fire Investigation

From the Paper:

"The 1923 U.S. Supreme Court's Frye decision generated the criteria used by courts to determine the foundational qualification of proffered scientific expert witnesses in federal cases. Specifically, Frye introduced the general acceptance standard necessary to qualify the particular field of science supporting the intended testimony of expert witnesses (Cleary 2007). According to the Frye criterion, in order for expert witness testimony to be admissible, the underlying field of science corresponding to the intended testimony, must be "generally accepted" within the scientific community."

Sample of Sources Used:

• Burnette, G.E. (2008) Fire Scene Investigation: The Daubert Challenge Retrieved from the Interfire.org. website, at: http://www.interfire.org/features/fsi_daubert_challenge.asp
• Cleary, E.W. (2007) McCormick's Hornbook on Evidence, 6th Edition (Hornbook Series) St. Paul, MN: West Publishing.
• Friedman, L.M. (2005) A History of American Law. New York: Simon & Schuster.
• Schmalleger, F. (1997) Criminal Justice Today: An Introductory Text for the 21st Century. Princeton: Prentice Hall

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