The Daubert Standard became the legal standard for the admission of scientific evidence in the State of Texas in Daubert v. Merrell Dow Pharmaceuticals, INC in 1993. The Daubert Standard replaced the Frye Standard, which said for scientific evidence to be admissible it would have to be accepted by a large majority of scientific community. The Daubert Standard allows many forms of science in to Court and tends to prevent junk science and pseudoscience that is not generally accepted knowledge in the scientific community. The test is composed of the following criteria: (1) whether the theory or technique in question can be and has been tested; (2) whether it has been subjected to peer review and publication; (3) its known or potential error rate; (4) the existence and maintenance of standards controlling its operation; and (5) whether it has attracted widespread acceptance within a relevant scientific community (See Daubert v. Merrell Dow Pharmaceuticals, Inc.). The Daubert standard also governs the admission of expert testimony in trial.A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise if: (a) the expert’s scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in issue; (b) the testimony is based on sufficient facts or data; (c) the testimony is the product of reliable principles and methods; and (d) the expert has reliably applied the principles and methods to the facts of the case (Federal Law 702).
