Evolving Legal Standards for the Admissibility of Scientific Evidence

Bert Black

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Legal processes and jurisprudence Criminal Law and Evidence Jury Decision Making Processes

Abstract

Ensuring the scientific validity of scientific evidence has always posed problems for judges and lawyers largely untrained in science. As recent cases involving the health effects of chemicals and drugs make clear, however, irrational and inconsistent decisions result when courts do not hold expert witnesses to the standards and criteria of their own disciplines. A trend toward more thorough judicial review of scientific claims has developed, and it should be encouraged.

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References

1980The Admissibility of Novel Scientific Evidence: Frye v. United States, a Half-Century Later 1985What is the Question Concerning the Rationality of Science?1984Epidemiologic Proof in Toxic Tort Litigation

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1992Statistical Reasoning in the Legal Setting 1990Physical anthropology and the law: Legal responsibilities of forensic anthropologists 2001Expertise in Law, Medicine, and Health Care 2010Legal Questions and Scientific Answers : Ontological Differences and Epistemic Gaps in the Assessment of Causal Relations 1992Accuracy and expert testimony.

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