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Scientific Evidence In The Courtroom-Standards There are currently two tests for the acceptance of Scientific Evidence in the Courtroom, the Frye1 and Daubert2 tests. Frye requires the general acceptance of the technology in the particular field in which it belongs. Daubert is a scientific reliability test which replaces the Frye test in Federal civil and criminal cases, and is slowly becoming the standard in State cases. Both tests require that the enhanced images be a fair and accurate representation of the original images. This is the same basic requirement which has been placed upon the Forensic Photographer. The California Evidence Code of August 1996 adds further weight to the acceptance of Scientific Evidence in the Courtroom regarding video images. Case Law - Affirming Appellate Court Decisions - Forensic Video Image Enhancement- two cases - Florida and New Hampshire 1. Frye v. United States,
293 Fed. 1013, 1014 (D.C. Cir. 1923) |