Author: Jennifer RouthPublisher:
ISBN: 9781634256612
Category :
Languages : en
Pages :
Book Description
Daubert V. Frye
Author: Jennifer RouthPublisher:
ISBN: 9781634256612
Category :
Languages : en
Pages :
Book Description
Daubert V. Frye
Author: Daubert V. Frye
Author: David A. LoundsburyPublisher:
ISBN:
Category : Evidence, Expert
Languages : en
Pages : 512
Book Description
The Age of Expert Testimony
Author: National Research CouncilPublisher: National Academies Press
ISBN: 0309083109
Category : Law
Languages : en
Pages : 81
Book Description
The federal courts are seeking ways to increase the ability of judges to deal with difficult issues of scientific expert testimony. The workshop explored the new environment judges, plaintiffs, defendants, and experts face in light of "Daubert" and "Kumho," when presenting and evaluating scientific, engineering, and medical evidence.
Reference Manual on Scientific Evidence
Author: Galileo's Revenge
Author: Peter W. HuberPublisher: Basic Books
ISBN: 9780465026241
Category : Law
Languages : en
Pages : 288
Book Description
A scathing indictment of the growing role of junk science in our courtrooms. Peter W. Huber shows how time and again lawyers have used—and the courts have accepted—spurious claims by so-called expert witnesses to win astronomical judgments that have bankrupted companies, driven doctors out of practice, and deprived us all of superior technologies and effective, life-saving therapies.
The Case Against Daubert
Author: TL. BohanPublisher:
ISBN:
Category : Computer-generated evidence
Languages : en
Pages : 15
Book Description
In June of 1993, the U.S. Supreme Court, in Daubert v. Merrell Dow Pharmaceuticals, Inc., rejected the Frye "general acceptance" rule under which evidence proffered as scientific had long been evaluated for admissibility by Federal Courts and most state courts. In the body of the following paper, we argue that Daubert was a disastrous decision and one reflecting a general lack of understanding of the scientific/technical enterprise. We argue that, far from achieving the goal of excluding bogus expert testimony, Daubert invites it. We also argue that the bad result that is Daubert arose from addressing a non-question: whether the Federal Rules of Evidence superseded Frye. In the section on The Scientific Evidence Standards in the States in the Wake of Daubert to the paper we provide an annotated listing of the scientific evidence standards governing the courts of the 50 states one year after Daubert issued, by which time many state high courts had had an opportunity to enunciate their respective states' approach to scientific evidence with the guidance of Daubert. That summary indicates as of that time which state courts were governed by Frye and which ones by Daubert. It also shows that many state high courts show a confusion that is traceable to the phrasing of Daubert. More happily, this summary also shows that a number of state high courts have a very good grasp of scientific evidence and have enunciated readily-applied rules by which their trial courts are to evaluate it. It is to be fervently desired that these state decisions or the thought processes producing them lead to widespread judicial rules for evaluating would-be scientific evidence, rules which will readily exclude "junk science" from the courtroom while not raising unreasonable barriers to valid expert testimony.
Effective Expert Witnessing
Author: Jack V. MatsonPublisher: CRC Press
ISBN: 1420040456
Category : Law
Languages : en
Pages : 156
Book Description
Expert witnesses have traditionally faced enormous challenges in the courtroom. The Daubert decision and the more recent Kumho ruling have further intensified the scrutiny on professionals in all disciplines expressing their expert opinions. Effective Expert Witnessing, Fourth Edition broadens the scope of previous editions by featuring case
Evidence
Author: Paul R. RicePublisher:
ISBN: 9780820543734
Category : Evidence
Languages : en
Pages : 0
Book Description
Discussion of the Committee on Daubert Standards
Author: National Research CouncilPublisher: National Academies Press
ISBN: 0309102480
Category : Political Science
Languages : en
Pages : 46
Book Description
In 1993, the U.S. Supreme Court in Daubert v. Merrell Dow Pharmaceuticals, Inc., laid out a new test for federal trial judges to use when determining the admissibility of expert testimony. In Daubert, the Court ruled that judges should act as gatekeepers, assessing the reliability of the scientific methodology and reasoning that supports expert testimony. The resulting judicial screening of expert testimony has been particularly consequential. While the Supreme Court sought to bring better science into the courtroom, questions remain about whether the lower courts' application of Daubert accords with scientific practices. This report summarizes discussions held by an ad hoc committee of the The National Academies to consider the impact of Daubert and subsequent Supreme Court opinions and to identify questions for future study.