This week, to continue the LRANY video series, we bring to you a video on the Daubert standard of evidence. Currently in New York, we use the “Frye” standard of evidence, which requires only one criterion be satisfied: is the theory “generally accepted?”. This standard is inadequate at ensuring actions are founded on sound, reliable theories.
We must bring our state to the present and align with more that 30 other states in the nation who have changed these standards to reflect improvements in scientific knowledge and methods. The application of the “Daubert” standard will ensure that juries are presented with evidence that is relevant, reliable, and supported by scientific methodology. This adjustment will prevent forum shopping; i.e. will discourage cases of questionable merit from being brought in New York because of weaker expert opinion evidence standards. In addition to helping prevent overburdening New York state courts with cases based on “junk science.”