Question

What is the Daubert challenge and why is it important to fire investigators today? Please provide a complete answer.

Answer 1

Daubert challenge : A Daubert challenge is a hearing conducted before the judge where the validity and admissibility of expert testimony is challenged by opposing counsel. The expert is required to demonstrate that his/her methodology and reasoning are scientifically valid and can be applied to the facts of the case.

Today, going to court is stressful for the average fire investigator. Not that it was any easier 15 years ago, but at that time, experts simply described their qualifications and experience to the judge and based on that alone were often allowed to offer their opinions at a trial. Today, the courts take a more active role in screening an expert before trial, looking much more closely at the investigation and theories behind the testimony. In fact, a recent federal court decision threw out the testimony of several highly qualified fire experts on scientific grounds