Daubert Standard Free Essay Samples & Outline

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Sample Essay On Daubert Standard

The Daubert standard is a standard that is often used by a trial judge that is used to make a preliminary assessment of whether an expert's scientific testimony can be said to be based on reasoning or even methodology that can be said to be scientifically valid and can often be properly applied to the facts at issue. It is of importance to understand that under this standard, the factors that may be considered in the determination of whether the methodologies are valid consist of whether the theory or even the technique in question can be tested, whether the methodology has been subjected to publication and peer review, whether there is a known potential error rate that exists on the methodology, the existence as well as maintenance of the different standards controlling the operation and whether the standards has been able to attract widespread acceptance when it comes to the relevant scientific community (Hersen, 2006). The Daubert test is currently being used in many federal courts as well as some several state courts.

Forensic assessment often creates an adversarial relationship between the psychologist and the client. Forensic assessment often involves the hiring of a psychologist to answer several specific questions such as the competency of the accused to stand trial, and even cases of insanity.

Depending on the question at hand, the psychologist often conducts several clinical interviews, collateral interviews, records and administers several psychological tests and it is from there that he or she forms an opinion that is intended to answer the intended legal question. In order to answer the legal question, in many cases, there is the use of theories and several schools of thoughts (Grimes, N., & Collier, 2006). It is these school of thoughts and theories that often have to undergo the Daubert test in order to verify their credibility and reliability to be used in a court of law.

For example, in regard to the psychologist getting the proper information regarding the insanity of the defendant in the time of commission of the crime, there are several theories that are often used by the psychologists (Grimes, N., & Collier, 2006). All these theories that are used in determining the mental condition of the defendant should be peer reviewed and in fact they should all be acceptable to be used in a court of law.

In case, there is the emergence of a new theory, there is a need for the theory to be peer reviewed and fulfill all the Daubert's standards in order for it to be used in a court of law by the expert witness (forensic psychologist). This is the same case for all the other theories and schools of thoughts that are used in answering some common legal questions by the forensic psychologist (Hersen & Segal, 2004).

The Daubert standard is extremely important in forensic assessment as it is the one that states whether indeed a particular theory can be used in a court of law. The value of the expert witness that is the forensic psychologist is important in the determination of the case and so is the theory that is used to conduct the forensic assessment (Grimes, N., & Collier, 2006). For this reason, there is a need to have the Daubert standard in order to ensure that indeed all the theories that are used and schools of thoughts are all peer-reviewed and are accepted by the scientific community. This will go a long way in ensuring a free and fair trial for the accused and overall justice.

References

Grimes, N., & Collier, B. (2006). Welcome, Precious. New York: Orchard Books.
Hersen, M. (2006). Clinician's handbook of adult behavioral assessment. Boston: Elsevier Academic Press.
Hersen, M., Hilsenroth, M. J., & Segal, D. L. (2004). Comprehensive handbook of psychological assessement: Personality assessment. Hoboken, N.J: J. Wiley & Sons.