Gatekeeper role of court.
1. “If scientific, technical, or other specialized knowledge will assist the trier
of fact to understand the evidence or to determine a fact in issue, a witness
qualified as an expert by knowledge, skill, experience, training, or
education, may testify thereto in the form of an opinion or otherwise.”
Rule 702.
2. The trial judge must determine that the expert scientific testimony is both
reliable and relevant. Daubert v. Merrell Dow Pharmaceuticals, 509 U.S.
579, 589, 113 S.Ct. 2786, 2795, 125 L.Ed.2d 469 (1993).
a. The reliability of scientific testimony is determined by many
factors including, but not limited to, the so-called Daubert factors:
(a) can the theory or technique be (and has it been) tested, (b) has
the theory or technique been subject to peer review and
publication, (c) does the technique have a known or potential error
rate and do standards exist for its use, and (d) is the theory or
technique generally accepted by the relevant scientific community.
Id. at 592-94.
I don't have faith in the Justice System!
