Daubert v. Merrell Dow Pharmaceuticals: a new standard for scientific evidence in the courts?
نویسنده
چکیده
The Supreme Court, in Daubert v. Merrell Dow explored the guidelines for admitting "scientific evidence" by way of expert opinion in legal cases. The Federal Rules of Evidence that were revised in 1975 did not explicitly mention the Frye standard and thus left it unclear as to what guidelines should be used by judges in federal courts. The Court held that the Frye rule was superseded by the new Rules and that the judge had to exercise some gatekeeping functions. An expert with sufficient credentials and something relevant to say was an insufficient standard. The implications of this ruling for psychiatric expert testimony are reviewed.
منابع مشابه
Expert Testimony in Criminal Proceedings: Questions Daubert Does Not Answer
I strongly believe that we need a very stringent standard of proof in criminal cases. I do not think, however, that Daubert v. Merrell Dow Pharmaceuticals, Inc. has been productive in effectuating this goal. In civil cases, courts engage in rigorous gatekeeping and often exclude plaintiffs’ experts because the theory underlying their testimony has not been adequately validated. But I see no sig...
متن کاملDaubert, cognitive malingering, and test accuracy.
Daubert v. Merrell Dow Pharmaceuticals (1993) held that trial judges should permit expert scientific testimony only when "the reasoning or methodology underlying the testimony is scientifically valid, and ... properly can be applied to the facts in issue." Vallabhajosula and van Gorp ("V & vG," 2001) have suggested that when the Daubert standard is applied to tests for malingered cognitive defi...
متن کاملThe Effects of Daubert on the Admissibility of Expert Testimony in State and Federal Criminal Cases
Appellate opinions were evaluated on variables related to expert admissibility to assess the effects of Daubert v. Merrell Dow Pharmaceuticals, Inc. in criminal cases. Analysis reveals changes in appellate courts’ consideration of Frye v. United States, the 4 Daubert criteria, and several Federal Rules of Evidence. The importance of Frye and the general acceptance criterion decreased over time,...
متن کاملAttorney abuses of Daubert hearings: junk science, junk law, or just plain obstruction?
The U.S. Supreme Court case of Daubert v. MerrellDow Pharmaceuticals focused attention on the problem of “junk science” testimony in the courtroom, a decision that led to the emergence of the Daubert hearing as a pre-trial screening device for determining the reliability and relevance of expert testimony. Similar to other useful legal procedural safeguards of due process, alas, the Daubert hear...
متن کاملLaw's knowledge: science for justice in legal settings.
Legal developments following Daubert v Merrell Dow Pharmaceuticals, Inc indicate a growing need to reevaluate the decision's fundamental assumptions about law, science, and their interactions.I argue that in Daubert and two successor cases, the Supreme Court misconceived both the nature of scientific practice and its links to legal fact-finding. The decisions endorsed a separatist model of law ...
متن کاملذخیره در منابع من
با ذخیره ی این منبع در منابع من، دسترسی به آن را برای استفاده های بعدی آسان تر کنید
برای دانلود متن کامل این مقاله و بیش از 32 میلیون مقاله دیگر ابتدا ثبت نام کنید
ثبت ناماگر عضو سایت هستید لطفا وارد حساب کاربری خود شوید
ورودعنوان ژورنال:
- The Bulletin of the American Academy of Psychiatry and the Law
دوره 22 3 شماره
صفحات -
تاریخ انتشار 1994