Factors Governing the Admissibility of Expert Evidence in Four Cases
Frye | Mohan | Daubert | J. (L.‐J.) |
---|---|---|---|
General acceptability | Relevance Necessity | Relevance Necessity | |
Absence of exculpatory rule Properly qualified expert | Whether the theory or technique can be and has been tested | ||
Whether the theory or technique has been subjected to peer review and publication | Absence of exclusionary ruleProperly qualified expert | ||
The known or potential rate of error or the existence of standards | Whether the theory or technique can be and has been tested | ||
Whether the theory or technique used has been generally accepted | Whether the theory or technique has been subjected to peer review and publication | ||
The known or potential rate of error or the existence of standards | |||
Whether the theory or technique used has been generally accepted |