In response, Jacksonville attorney (and all around good person) Teresa Sopp has drafted an initial proposed jury instruction concerning expert witness testimony in criminal cases. I see this as a good starting point:
DEFENDANT’S REQUESTED JURY INSTRUCTION
NUMBER AS TO DAUBERT ISSUES
Expert witnesses are like other witnesses, with one exception -- the law permits an expert to give his/her opinion.
In determining whether an expert’s opinion is reliable, you should consider the following:
1. Whether the opinion testimony based on sufficient facts or data;
2. Whether the opinion testimony the product of reliable principles and methods; and
3. Whether the witness has applied the principles and methods reliably to the facts of the case.
Like other witnesses, you may believe or disbelieve all or any part of an expert’s testimony.