312-49 · Question #388
You have used a newly released forensic investigation tool, which doesn't meet the Daubert Test, during a case. The case has ended-up in court. What argument could the defense make to weaken your…
The correct answer is C. The total has not been reviewed and accepted by your peers. The Daubert Standard is the U.S. federal legal test for admissibility of expert witness testimony and scientific evidence. One of its core criteria is whether the methodology or tool has been subjected to peer review and publication in the scientific community. If a forensic…
Question
You have used a newly released forensic investigation tool, which doesn't meet the Daubert Test, during a case. The case has ended-up in court. What argument could the defense make to weaken your case?
Options
- AThe tool hasn't been tested by the International Standards Organization (ISO)
- BOnly the local law enforcement should use the tool
- CThe total has not been reviewed and accepted by your peers
- DYou are not certified for using the tool
How the community answered
(49 responses)- A4% (2)
- B10% (5)
- C69% (34)
- D16% (8)
Explanation
The Daubert Standard is the U.S. federal legal test for admissibility of expert witness testimony and scientific evidence. One of its core criteria is whether the methodology or tool has been subjected to peer review and publication in the scientific community. If a forensic investigation tool has not been peer-reviewed and accepted by the scientific/forensic community, the defense can argue it is not scientifically reliable, potentially rendering the evidence inadmissible. ISO certification, local law enforcement exclusivity, and examiner certification are not Daubert criteria - peer review and general acceptance are the key pillars challenged here.
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