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Texas should strengthen standards for admitting forensic evidence

The Texas House Criminal Jurisprudence Committee hearing last week included an interesting debate on the subject of the proper standard for admitting forensic testimony into evidence. Committee Chairman Pete Gallego opened the hearing by declaring he was looking for a "milepost or guidance" for when and how forensic evidence is admitted that would "rebuild some of the faith, some of the credibility of the system."UT Law professor Gary Wellborn was first up, and his testimony framed the debate for many of the speakers after him. Elaborating the case law governing admission of evidence, he noted the the Kelly standard used in Texas is essentially similar to the federal Daubert case, and our rules of evidence are also the same on the subject.However, Daubert usurped an earlier 1923 case known as Frye which required that a forensic technology mush have reached "general acceptance" among scientists...continue to full post

Full post as published by Grits for Breakfast on January 17, 2010 (boomark / email).