Overview
North Carolina State University (NCSU) and the Forensic Technology Center of Excellence (FTCOE) hosted a two-part virtual workshop series on the Qualifications of an Expert Witness for Legal Professionals. This workshop series discussed topics surrounding qualifications of expert witnesses in forensic disciplines under both the Daubert and the Frye standards.
Part I of this virtual workshop series occurred on August 2, 2023, and focused on the Daubert standard. Part II of this virtual workshop series occurred on October 25, 2023, and focused on the Frye standard.
Each workshop featured a series of presentations, followed by a question and answer session with each presenter. The presentations discussed the historical basis for both the Frye standard and Daubert standard, addressed issues surrounding qualifying expert witnesses, analyzed how the admission of expert testimony in the courts has been affected by these standards, and much more! During the workshops, attendees heard from a diverse panel of presenters spanning the breadth of legal practitioners, including trial attorneys, professors, attorney generals, and post-conviction litigators.
This no cost, two-part virtual workshop series was open to a wide audience, including legal professionals, criminal justice practitioners, forensic scientists, and anyone interested in how admissibility standards affect expert testimony in the courts.
Part I: The Daubert Standard
What:
Virtual Workshop Series: Qualifications of an Expert Witness for Legal Professionals
When:
Part I: The Daubert Standard
Originally occurred on August 2, 2023
Where:
Live virtual event hosted in Zoom
Access archived event here!
Thanks to the North Carolina Conference of District Attorneys sponsorship, Part I: The Daubert Standard has been approved for 5 hours of general Continuing Legal Education (CLE) with the North Carolina State Bar. After attending the event, attendees will have 30 days to mail or fax their FTCOE certificate of attendance to the North Carolina State Bar CLE Department for credit and will be responsible for any fees associated with updating their CLE record. Please go here to obtain the correct forms and additional instructions.
Part II: The Frye Standard
What:
Virtual Workshop Series: Qualifications of an Expert Witness for Legal Professionals
When:
Part II: The Frye Standard
Originally occurred on October 25, 2023
Where:
Live virtual event hosted in Zoom
Access archived event here!
If attendees would like to obtain Continuing Legal Education (CLE) credit with the North Carolina State Bar, attendees have 30 days after attending the Part II: The Frye Standard workshop to mail or fax their FTCOE certificate of attendance, agenda, and speaker biographies to the North Carolina State Bar CLE Department. Additionally, attendees will be responsible for any fees associated with updating their CLE record. Please go here to obtain the correct forms and additional instructions.
Abbreviated Agenda
Part I: The Daubert Standard
Wednesday, August 2, 2023
9:00 AM ET – 12:00 PM ET: Presentations & Q&A
12:00 PM ET – 1:00 PM ET: Lunch Break
1:00 PM ET – 3:00 PM ET: Presentations & Q&A
Part II: The Frye Standard
Wednesday, October 25, 2023
9:00 AM ET – 11:00 AM ET: Presentations & Q&A
11:00 AM ET – 11:10 AM ET: Break
11:10 AM ET – 12:10 PM ET: Presentation & Q&A
12:10 PM ET – 1:00 PM ET: Lunch Break
1:00 PM ET – 3:00 PM ET: Presentations & Q&A
Related Resources
- Courtroom Knowledge of Forensic Technology and the Impact on Frye and Daubert Standards
- Legal Perspective on the Adoption of Advanced Technologies
- Daubert Standard
- Frye Standard
- Federal Rules of Evidence - Rule 702 Testimony by Expert Witness
- NIJ National Center on Forensics Post-PCAST Court Decisions Assessing the Admissibility of Forensic Science Evidence
- ASCLD/Lab Guiding Principles of Professional Responsibility for Crime Laboratories and Forensic Scientists
- DOJ Uniform Language for Testimony and Reports
- National Research Council. 2009. Strengthening Forensic Science in the United States: A Path Forward. Washington, DC: The National Academies Press
- President's Council of Advisors on Science and Technology. (2016). Forensic science in criminal court: Ensuring scientific validity of feature-comparison methods
- North Carolina State Bar Continuing Legal Education (NCCLE)
- North Carolina Conference of District Attorneys
Topic of Interest: Forensic Testimony
Smith v. Arizona Case Brief
On September 29, 2023, the Supreme Court granted certiorari for the case of Smith v. Arizona (docket 22-899).[1] The key question before the Court is “whether the Confrontation Clause of the Sixth Amendment permits the prosecution in a criminal trial to present testimony by a substitute expert conveying the testimonial statements of a nontestifying forensic analyst, on the grounds that (a) the testifying expert offers some independent opinion and the analyst’s statements are offered not for their truth but to explain the expert’s opinion, and (b) the defendant did not independently seek to subpoena the analyst.”[2] Members of the forensic and court communities are awaiting the Supreme Court’s response. Depending on its stance, this decision could result in myriad implications pursuant to the admission of forensic evidence compliant with the Confrontation Clause, particularly regarding substitute witnesses.
Funding for this Forensic Technology Center of Excellence event was provided by the National Institute of Justice, Office of Justice Programs, U.S. Department of Justice.
The opinions, findings, and conclusions or recommendations expressed in this event are those of the presenter(s) and do not necessarily reflect those of the U.S. Department of Justice.
Contact us at ForensicCOE@rti.org with any questions and subscribe to our newsletter for notifications.
