PsycCRITIQUES - Experts on Expertise? How Judges Apply Standards for Admission of Expert Testimony

نویسندگان

  • Daniel W. Shuman
  • Livia L. Gilstrap
  • Edie Greene
چکیده

What do the courts want from expert testimony, and how do judges assess professed expertise? These questions form the core of this meticulously written and thought-provoking book on the role of expert evidence in courts of law. Rather than presenting a criticism of the abuses of expert testimony (Hagen, 1997), a practical guide to the task of being an expert witness (Brodsky, 2004), or an overview of issues in a specific subfield of psychological expert testimony (Ceci & Hembrooke, 1998), Sales and Shuman are concerned primarily with the standards that judges use to decide whether to admit expert testimony in court. To begin their analysis, they deconstruct the goals of the Federal Rules of Evidence (1974). Their attention focuses particularly on Rule 102, which governs the admissibility of evidence in federal courts, and on Rule 702, which concerns whether proffered experts should be allowed to testify. Because both rules have been adopted by most state courts, their analysis has broad applicability.

برای دانلود رایگان متن کامل این مقاله و بیش از 32 میلیون مقاله دیگر ابتدا ثبت نام کنید

ثبت نام

اگر عضو سایت هستید لطفا وارد حساب کاربری خود شوید

منابع مشابه

Experts on Expertise? How Judges Apply Standards for Admission of Expert Testimony

What do the courts want from expert testimony, and how do judges assess professed expertise? These questions form the core of this meticulously written and thought-provoking book on the role of expert evidence in courts of law. Rather than presenting a criticism of the abuses of expert testimony (Hagen, 1997), a practical guide to the task of being an expert witness (Brodsky, 2004), or an overv...

متن کامل

Battle of the Standards for Experts in Criminal Cases: Police vs. Psychologists

Expert testimony is an integral part of legal decision making. It informs judges and juries about a wide variety of topics. The assumption underlying its admission is that the average factfinder may lack enough knowledge about scientific or technical topics to make fully informed decisions in the absence of such testimony. Judges and juries are expected to be able to better understand these top...

متن کامل

Expert Opinion and Second-Hand Knowledge

Recent work on testimony and the norms of assertion considers cases of expert testimony. Thinking about expert testimony clarifies which epistemic goods figure in the expectations placed on experts for their knowledge. Examining the distinctive conditions of expert testimony and the assumptions hearers bring to such conversational contexts can provide broader lessons about how knowledge is repr...

متن کامل

Inconsistency in evidentiary standards for medical testimony: disorder in the courts.

Several recent decisions by the US Supreme Court have strengthened the ability of federal courts to consider medical testimony regarding injuries associated with exposure to toxic substances. Judges are expected to examine the basis of all expert testimony before it is introduced at trial to ensure that it meets the same standards of intellectual rigor that professionals use outside the courtro...

متن کامل

Cultural Bias in Judicial Decision Making

This Essay describes the phenomenon of cultural bias in judicial decision making, and examines the use of testimonies and opinions of cultural experts as a way to diminish this bias. The Essay compares the legal regimes of the United States and Israel. Whereas in the United States, the general practice of using cultural experts in courts is well developed and regulated, the Israeli legal proced...

متن کامل

ذخیره در منابع من


  با ذخیره ی این منبع در منابع من، دسترسی به آن را برای استفاده های بعدی آسان تر کنید

عنوان ژورنال:

دوره   شماره 

صفحات  -

تاریخ انتشار 2006