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Application: Daubert Standard
The term expert witness may be applied to a person in a profession or area of expertise who might aid the court in the administration of justice. Over the years, courts have used various legal standards to determine who may be called to testify as an expert witness.
This week, you focus on the case of Daubert v. Merrell Dow Pharmaceuticals, which produced the standard for expert testimony that is used in most jurisdictions and is commonly referred to as the "Daubert standard."
To prepare for this assignment:
• Review Chapter 1 in the course text, Foundations of Forensic Mental Health Assessment. Focus on how this series will help identify best practices for professional standards.
• Review Chapter 2 in the course text, Foundations of Forensic Mental Health Assessment. Pay particular attention to the standards used in determining the admissibility of expert testimony.
• Review Chapter 3 in the course text, Foundations of Forensic Mental Health Assessment. Reflect specifically on the case of Daubert v. Merrell Dow Pharmaceuticals, 1993, and on the elements of what became known as the Daubert standard for the admissibility of expert testimony.
• Consider the influence that the Daubert standard has had on forensic assessment, including any specific examples where the Daubert standard may have made a difference in the outcome of a case with which you are familiar, such as one you may have reviewed for this week's Discussion.
• Think about why the Daubert standard is important in relation to forensic assessment.
The assignment (1-2 pages):
• Briefly describe the Daubert standard.
• Explain in what ways it has had an influence on forensic assessment, using specific examples.
• Explain the importance of the Daubert standard in relation to forensic assessment.
Support your Application Assignment with specific references to all resources used in its preparation. You are asked to provide a reference list only for those resources not included in the Learning Resources for this course.