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The Courts as Gatekeeper of Big Data Evidence

In: Big Data Analytics in U.S. Courts

Author

Listed:
  • Dwight Steward

    (EmployStats)

  • Roberto Cavazos

    (University of Baltimore)

Abstract

From 1923 until 1993, the admissibility of scientific evidence in the federal court system was governed by the standard set forth in Frye v. United States. In applying this standard, courts examined whether the proffered evidence had “gained general acceptance” in the particular field. In 1993, the Supreme Court decided Daubert v. Merrell Dow Pharmaceuticals, Inc., and the court announced a new standard of admissibility for scientific evidence. This chapter illustrates how the Daubert standard has been applied to data analyses in US courts and its implication for Big Data as related cases become more frequent in the courts. Significantly, technological changes that make Big Data possible threaten to change the basis of current statistical reasoning and the basis upon which courts make decisions.

Suggested Citation

  • Dwight Steward & Roberto Cavazos, 2019. "The Courts as Gatekeeper of Big Data Evidence," Palgrave Advances in Economics of Innovation and Technology, in: Big Data Analytics in U.S. Courts, chapter 0, pages 57-67, Palgrave Macmillan.
  • Handle: RePEc:pal:paiecp:978-3-030-31780-5_4
    DOI: 10.1007/978-3-030-31780-5_4
    as

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