NCJ Number
195777
Date Published
2000
Length
647 pages
Annotation
This document was developed to assist judges in managing cases involving complex scientific and technical evidence.
Abstract
The first edition of this reference manual was published in 1994 at a time of heightened need for judicial awareness of scientific methods and reasoning. This need was created by the Supreme Court’s decision in Daubert v. Merrell Dow Pharmaceuticals, Inc., assigning the trial judge a “gatekeeping responsibility” to make a preliminary assessment of whether the reasoning or methodology underlying testimony was scientifically valid and could be applied to the facts in issue. This current edition comes after recent decisions that expand the duties and responsibility of trial courts in cases involving scientific and technical evidence, such as General Electric Co. v. Joiner and Kumho Tire Co. v. Carmichael. The Supreme Court recently proposed amendments to Federal Rules of Evidence 701, 702, and 703 that are intended to codify case law that is based on Daubert and its progeny. This edition includes new chapters that respond to issues that have emerged since the initial publication. The Introduction reviews the role of scientific evidence in litigation and the challenges that trial courts face in considering such evidence. Supreme Court cases subsequent to Daubert are summarized. The philosophy and practice of science are described. New reference guides on medical testimony and engineering will aid judges with the review of cases involving nonscientific expert testimony following Kumho. The guide on DNA evidence has been revised to take account of the rapidly evolving science in this area. Information on court-appointed experts and special masters was condensed and included in the chapter on management of expert evidence. Chapters include Reference Guides on Statistics, Multiple Regression, Survey Research, Estimation of Economic Losses in Damages, Epidemiology, Toxicology, Medical Testimony, and Engineering Practice and Methods. Index