Crossing the Line: Daubert, Dual Roles, and the Admissibility of Forensic Mental Health Testimony
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PROTECTING THE INTEGRITY-OF THE LEGAL SYSTEM The Admissibility of Testimony From Mental Health Experts Under Daubert/Kumho Analyses
The authors discussed to what degree testimony from social science and mental health experts (psychologists, psychiatrists, social workers, therapists, others) meets admissibility requirements expressed by the U.S. Supreme Court in Daubert (1993), Joiner (General Electric Co. v. Joiner, 1997) and the recent Kumho (1999) decision. They reviewed data on Daubert/Kumho indicia of reliability using ...
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When mental health professionals testify in insanity defense cases (more generally, about mental state at the time of the offense [MSO]), opinion testimony is generally solicited after the prefatory question as to whether the forthcoming opinions are held with “reasonable medical certainty” (psychiatrists) or “reasonable scientific certainty” (nonmedical experts). The question and its answer—al...
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تاریخ انتشار 2016