Daubert opinion requires judges to screen scientific evidence.
نویسندگان
چکیده
منابع مشابه
Daubert v. Merrell Dow Pharmaceuticals: a new standard for scientific evidence in the courts?
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 The Court held that the Frye rule was superseded by the new...
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The U.S. Supreme Court’s decision in Daubert modernized the long-standing Frye precedent and requires courts to make scientific judgments. Courts, however, are not well-equipped to parse scientific arguments and the Daubert criteria offer only a rudimentary framework for decision-making. To illustrate the problems, as well as possible ways for courts to deal with scientific evidence, the paper ...
متن کاملIndependent judicial research in the Daubert age.
The Supreme Court's Daubert trilogy places judges in the unenviable position of assessing the reliability of often unfamiliar and complex scientific expert testimony. Over the past decade, scholars have therefore explored various ways of helping judges with their new gatekeeping responsibilities. Unfortunately, the two dominant approaches, which focus on doctrinal tests and external assistance ...
متن کاملA Daubert motion: a legal strategy to exclude essential scientific evidence in toxic tort litigation.
In the US Supreme Court's Daubert v Merrell Dow Pharmaceuticals, Inc decision, federal judges were directed to examine the scientific method underlying expert evidence and admit that which is scientifically reliable and relevant. However, if a judge does not have adequate training or experience in dealing with scientific uncertainty, understand the full value or limit of currently used methodol...
متن کاملPsychological evidence at the dawn of the law's scientific age.
The Supreme Court's 1993 decision in Daubert v. Merrell Dow Pharmaceuticals, Inc., holding that the admissibility of scientific evidence depends on its scientific merit, has made American law receptive to valid science to an unprecedented degree. We review the implications for psychology of the law's taking science seriously. We consider the law before Daubert, and the ways that Daubert as well...
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عنوان ژورنال:
- Pediatrics
دوره 118 5 شماره
صفحات -
تاریخ انتشار 2006