NCJ Number
161760
Journal
Albany Law Review Volume: 58 Issue: 4 Dated: (1995) Pages: 1259-1306
Date Published
1995
Length
48 pages
Annotation
This Comment examines the major social science models used in domestic violence law in an effort to discern the common factors that underlie admissibility determinations.
Abstract
This examination reveals that the most significant factor affecting admissibility is the specific use for which the evidence is submitted in a particular case. The nature of the evidence and the identification of the party who introduces it also influence admissibility decisions. To reach this understanding of social science evidence in domestic violence law, it is necessary to lay a foundation. To that end, the author: (1) examines the history of social science research in the courts; (2) identifies the scope of social science evidence; (3) examines the admissibility standards for social science evidence; (4) reviews the problem and reforms identified by legal and scientific literature; (5) illustrates the proposed determinants by examining the social science models most prevalent in domestic violence law; and (6) concludes that the use of social science research as a legal fact finding tool should continue and that knowledge of the underlying determinants will aid such use. Footnotes, table