When do judges typically apply the Daubert standard?
A) when an attorney challenges the introduction of evidence
B) when the Frye standard does not apply
C) when the science is flawed
D) when the defendant pleads not guilty by reason of insanity

Question

Quizplus · Accepted Answer

The Daubert standard is typically applied when an attorney challenges the introduction of evidence, in particular scientific evidence. The standard is used to determine whether the scientific evidence is based on reliable and relevant principles and methods.

Answer: B 
 The Daubert standard is often used when the Frye standard does not apply. The Frye standard is an older standard that only applies to scientific evidence that has gained general acceptance in the relevant scientific community. The Daubert standard is a more recent standard that applies a broader range of criteria for scientific evidence.

Answer: C 
 The Daubert standard is applied when the science behind the evidence is flawed or questionable. The standard requires judges to evaluate the reliability and relevance of the scientific evidence in question, and to consider factors such as whether the scientific theory or technique has undergone peer review, whether it can be tested or falsified, and whether it has been subjected to a known error rate.

Answer: D 
 The Daubert standard is not typically applied when a defendant pleads not guilty by reason of insanity. This defense is based on legal, not scientific, criteria and involves a separate evaluation by the court of the defendant's mental state and capacity at the time of the alleged offense.

When Do Judges Typically Apply the Daubert Standard