Admissibility of Expert Testimony in State Courts
The litigation of aviation lawsuits has become complex and technical, and hence there is the need for admission and presentation of different testimony by a variety of experts in various disciplines. This, therefore, led to the establishment of ways to determine the admissibility of expert testimony by certain individuals that is Daubert and Frye. Based on the article, there are different ways which can be used to obtain evidence in a court of law. It is often required that the scientific evidence can be established based on experts witness theory and the techniques which are acceptable within the scientific community (Hawkins, 2018). The scientific evidence theory was necessary to determine the level of reliability of an expert’s opinion by the judge in the state courts. The determination of the admissibility of scientific evidence is based on various factors. One of the factors is the general acceptance by the relevant society where the community has to agree with the evidence provided in the court by a particular witness.
The other factor which is also taken into account is the method of obtaining evidence. However, such a method must be tested to find out if it has been subjected to publication, error rate and peer review. The publication of the method is typically done to ascertain the existence of the general consensus (Lesciotto, 2015). The determination of the admissibility of expert testimony is important, and this is because it results in successful litigation of aviation cases. The state courts must, therefore, have the knowledge of the jurisdictional standard to enable them to admit a testimony provided by a particular expert in the court.
Hawkins, D. (2018). Admissibility of Evidence. Wisconsin Law Journal.
Lesciotto, K. M. (2015). The impact of Daubert on the admissibility of forensic anthropology expert testimony.Journal of forensic sciences, 60(3), 549-555.