Thursday, May 27, 2004

Hegemony of Daubert Extends to Philippines

In its march toward worldwide conquest, the Daubert decision has now managed to get itself cited by the Supreme Court of the Philippines, in a decision upholding the use of DNA evidence in a rape-murder conviction.

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Fed. R. Evid. 702: If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise, if (1) the testimony is based upon sufficient facts or data, (2) the testimony is the product of reliable principles and methods, and (3) the witness has applied the principles and methods reliably to the facts of the case.