Some of the most important tools in the arsenal of the fire investigator include the senses of smell, touch, and physical manipulation. Likewise, the process of logical deduction often provides the correct forensic analysis of the evidence. Under Frye, crucial expert witness testimony relating to the practiced synthesis of the totality of circumstances disclosed by meticulous investigation is often excluded from use at trial.

Certainly, Daubert provided additional flexibility of possible avenues capable of establishing foundational qualification of expert witnesses, but insufficiently to redress the problem.

Conclusion - Carmichael, Federal Rule 702, and Implications for Fire Investigation: The 1999 Carmichael case finally resolved the conflicting standards articulated under Frye and Daubert and their progeny since 1923 and 1993, respectively. In Carmichael, the Supreme Court specifically departed from the Frye standard and expanded the criteria introduced by Daubert to include non-scientific evidence as well as scientific evidence, suggesting that the Daubert...
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