NCJ Number
112059
Journal
Arizona Law Review Volume: 30 Issue: 1 Dated: (1988) Pages: 51-84
Date Published
1988
Length
35 pages
Annotation
Trial judges and juries are increasingly having to evaluate social science facts, from such diverse disciplines as psychology, sociology, political science, and anthropology, in deciding cases.
Abstract
Therefore, it is of the utmost importance that they understand the differences between legal and social science inquiries; that expert witnesses provide relevant, valid, and reliable evidence; and that judges and juries are able to process and evaluate properly such evidence. Social science facts find their way into trials in a number of ways. While expert testimony is the most common method of introducing social facts, they also may be introduced through reference to scholarly articles, judicial notice, stipulation of parties, factual trial briefs, and the personal knowledge of the judge and jury. As courts continue to receive such evidence, it is becoming increasingly important that court rules and procedures be modified to facilitate the receipt and processing of social facts. Rules of evidence could be modified to incorporate the verifiable certainty test, to permit ultimate-fact testimony by experts, and to allow expert opinions based on secondary knowledge. In addition to using court-called expert witness and court advisors, social science issues could be referred to a special master. Courts also could incorporate evidentiary pretrial conferences and could use a notice and comment procedure to notify counsel of the proposed use of social facts. Finally, social scientists can play a role in educating the courts about social facts. Finally, social scientists can play a role in educating the courts about social science facts and their use. 305 footnotes.