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Legal Defensibility Is an Oxymoron
Oral Presentation
Prepared by J. Parr
Catalyst Information Resources, 210 S. Lamar St., Weatherford, TX, 76086
Contact Information: jparr@catalystinforesources.com; 817-598-1155
ABSTRACT
How laboratory data is used in the courts is a function of the skill of the opposing attorneys, the credibility of the witnesses, and the opinion of the jury. In the court's opinion, what is important is not the defensibility of data, but its admissibility. In 1993, in Daubert vs Merrell Dow Pharmaceuticals, the US Supreme Court established 4 foundational principles that relate to the admissibility of scientific evidence:
- Whether a theory or technique can be (and has been) tested,
- Whether it has been subjected to peer review and publication,
- Whether there is a high known or potential rate of error,
- Whether there are professional standards controlling the technique’s operation, and
- Whether the technique has been accepted within the scientific community.
These principles have been upheld in 2 other resent Suprem Court decisions. This presentation will review the Daubert principles and how how they relate to method validation, quality control, and laboratory accreditation.
Oral Presentation
Prepared by J. Parr
Catalyst Information Resources, 210 S. Lamar St., Weatherford, TX, 76086
Contact Information: jparr@catalystinforesources.com; 817-598-1155
ABSTRACT
How laboratory data is used in the courts is a function of the skill of the opposing attorneys, the credibility of the witnesses, and the opinion of the jury. In the court's opinion, what is important is not the defensibility of data, but its admissibility. In 1993, in Daubert vs Merrell Dow Pharmaceuticals, the US Supreme Court established 4 foundational principles that relate to the admissibility of scientific evidence:
- Whether a theory or technique can be (and has been) tested,
- Whether it has been subjected to peer review and publication,
- Whether there is a high known or potential rate of error,
- Whether there are professional standards controlling the technique’s operation, and
- Whether the technique has been accepted within the scientific community.
These principles have been upheld in 2 other resent Suprem Court decisions. This presentation will review the Daubert principles and how how they relate to method validation, quality control, and laboratory accreditation.