Abstract

Daubert v Frye: A State by State Comparison on Expert Qualification

Witnesses are an integral part of any court case. One of the main types is the expert witness. In order for expert witnesses to have both their testimony and opinion entered into evidence, they must first meet a certain standard of admissibility. The federal courts use the Daubert test explicitly, while state courts have the option of using Daubert, or the older Frye test (some states use a hybrid of the two). This paper focuses on the history of the two main tests as well as compares how the expert witness qualification tests are used in New York and California (Frye), Texas and Michigan (Daubert), and Illinois and Georgia (hybrid).

Semester/Year of Award

Spring 4-27-2012

Mentor

Lynnette S. Noblitt

Department/Professional Affiliation

Government and Economics

Access Options

Restricted Access Thesis

Degree Name

Honors Scholars

Department

Government and Economics

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