Digital Forensics, Investigation, and Response 5E, 5th Edition

The Daubert Standard

One legal principle that is key to forensics and is all too often overlooked in forensics books is the Daubert standard. The Cornell University Law School defines the Daubert standard as follows:

Standard used by a trial judge to make a preliminary assessment of whether an expert’s scientific testimony is based on reasoning or methodology that is scientifically valid and can properly be applied to the facts at issue. Under this standard, the factors that may be considered in determining whether the methodology is valid are: (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 ...