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Survey Data: What They Tell Us; What They Don't
We can think of no form of information that cannot be misused ' either deliberately by the manipulative, or inadvertently by the inept. Survey data are no exception. As psychologists, it is with some reluctance that we offer commentary on the relative merits of different standards for the admissibility of expert testimony, but our experiences in different states have heightened our awareness of how different standards affect the admissibility of testimony offered by psychologists in child custody litigation.
What About Frye?
Put most simply: It's time to fry Frye [Frye v. United States, 295 F. 1013 (D.C. Cir. 1923)]. With an increase in litigation concerning child custody issues and the concomitant increase in the involvement of psychologists, there came an interest in what methods were being employed by psychologists who were performing evaluations. Surveys were conducted, and the data were published in numerous articles. The publication of these data brought with it an unintended consequence: the use of survey data as a means by which to document general acceptance. This problem is most apparent in jurisdictions in which the Frye standard is employed.
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