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For any type of biometric evidence to be accepted in criminal court, it must be recognized by the court to be a scientifically valid and reliable means of identification. The primary legal litmus test of reliability and validity is commonly known as the Daubert standard.
- Choose a state and explain its guidelines for accepting biometric evidence.
- Which standard is used? The Daubert standard or the Frye standard?
- Compare and contrast the analysis of the standard used to a state using a different standard.
- Which standard do you prefer? Explain why.