A Convergence of Science and Law A Summary Report of the First Meeting of the Science, Technology, and Law Panel (2001) / Chapter Skim
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2. Scientific and Technical Evidence in the Courtroom
2. Scientific and Technical Evidence in the Courtroom
Pages 5-11
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From page 5... ...
In 1993, the Frye rules for determining admissibility of expert testimony gave way after nearly 70 years to the Daubert criterion of scientific reasoning and methodology. Frye looked to the scientific community for guidance, allowing judges to admit testimony if the theory underlying the expert's opinion had "gained general acceptance in the particular field in which it belongs." The first case in the trilogy, Daubert v.
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From page 6... ...
In Joiner, the Supreme Court held that the appellate courts, when reviewing a lower court's decision admitting or excluding expert testimony, must use an abuse of discretion standard that requires deference to the trial judge's ruling. The Supreme Court then went further, reviewing the evidence and finding that the trial judge had not abused her discretion in excluding testimony, since the expert failed to adequately relate his testimony in the case to the scientific studies on which he had relied.
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From page 7... ...
Nonetheless, in today's courtroom, they need intensive, focused information and educational tools to help them understand the scientific and technical basis of expert testimony. Special Masters.
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From page 8... ...
Such a witness may be asked to report on a particular scientific or technical issue for the case, and is then deposed by both parties as part of the discovery process. The federal judge overseeing most of the federal cases involving silicone gel breast implants, for example, appointed a four-member scientific panel to prepare a report on the scientific basis of competing claims made by the parties.
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From page 9... ...
However, today federal judges are normally assigned cases by lot, not on their expertise. Some particularly complex or broadly significant cases may be aggregated regionally or nationally for limited purposes as authorized by statute, as occurred with the federal cases involving silicone gel breast implants.
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From page 10... ...
A model set of instructions might, for example, be developed to aid jurors' understanding of probability, risk, or a particular scientific or technical question at issue. For Experts Several STL Panelists noted that the Daubert and Kumho decisions shine a spotlight on the methodology and reasoning of the expert witness.
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From page 11... ...
Scientific and technical associations could find it useful to develop or support strong codes of ethics for members who testify as experts. Some professional associations, such as the American Psychological Association and the American College of Occupational and Environmental Medicine have developed standards for conduct in the courtroom.
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