Evaluation of the Reference Manual on Scientific Evidence Letter Report (2009) / Chapter Skim
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Letter Report
Letter Report
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20001 Dear Dr. Kassirer and Judge Kessler: With this letter report, the National Research Council's Committee on the Evaluation of the Reference Manual on Scientific Evidence (Appendix A)
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There may be calls to replace the current system with new institutions and procedures that appear to be more suited to the demands of science and technology.2 Recognizing these concerns, in the early 1990s the Judicial Conference of the United States called upon the Federal Judicial Center to undertake a study of how courts handle matters involving scientific and technological issues. These efforts led to the creation of the Science and Technology Resource Center (STRC)
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reference guides on seven areas of expert testimony (epidemiology, toxicology, survey research, forensic analysis of DNA, statistical inference, multiple regression analysis, and estimation of economic loss)
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With financial support from the Carnegie Corporation and the Starr Foundation, the National Academies agreed to undertake this project. As the first step in this collaborative exercise, the Hewlett Foundation provided support for the Academies to undertake an assessment of previous editions and to gather information that would facilitate the development of the third edition.
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This report does not reflect a systematic evaluation of the earlier editions of the Manual using quantitative data, but rather the gathering of qualitative information from a variety of sources, supplemented by our committee members' judgment and expertise. Experience of Federal Judicial Center The Federal Judicial Center introduced the Manual to federal judges through a series of workshops focusing on emerging issues in scientific evidence.
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Experience of Brooklyn Law School's Science for Judges Program Nine Science for Judges programs were held at the Brooklyn Law School between March 2001 and April 2007. These conferences, funded by the Benefit Trust, were established as a result of the Silicone Breast Implant Products Liability Litigation, and were attended by approximately 165 federal judges from every circuit and over 375 state court judges from more than 36 states and the District of Columbia.
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Several concerns that were raised repeatedly are relevant to the planning of the third edition of the Manual, including statistical issues, use of interactive programs, and the different interests of state and federal judges. Each is described below.
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Online Comments from Judges As an aid to the assessment process, the National Academies and the Federal Judicial Center solicited online comments in 2007 from federal district court judges and magistrate judges using a list of questions developed by Professor Shari Diamond of Northwestern University School of Law. The judges were invited to provide their reactions to the chapters in the second edition of the Manual and to discuss how a new edition might improve upon earlier editions.
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Repeatedly, the committee heard from both judges and litigators that the Manual is consulted in cases involving complex scientific or technical information. In addition, a number of law professors told the committee that the text is used in evidence classes in law schools throughout the country.
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The consensus of individuals who presented their perspectives to the committee led to the conclusion that the primary audience for the Manual should continue to be judges rather than other legal professionals, but that the Manual should be expanded to include state judges. Although the committee discussed revising the Manual to make it more accessible to other groups (e.g., litigators, law professors)
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There was no apparent support for broadening the primary audience beyond judges. There was genuine interest in making the Manual more relevant to state as well as federal judges.
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Additionally, it is clear from the experiences at the Brooklyn Law School's Science for Judges programs that judges would like more information on both general and specific causation and on exposure science and its use in regulation and in post exposure assessments of harm. Although our committee does not have enough information to recommend which specific chapters should be added to the third edition, all of these topics would benefit by further discussion by your Committee as it develops the third edition.
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We look forward to the third edition and are happy to assist your Committee in anyway possible. Most Sincerely, Margaret Berger Channing Robertson Co-chairs 17
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