NCJ Number
146306
Journal
Journal of Criminal Law and Criminology Volume: 84 Issue: 1 Dated: (Spring 1993), 105-128
Date Published
1993
Length
24 pages
Annotation
The role of expert witnesses in civil and criminal cases is under attack, primarily in the context of Federal rules of evidence, novel scientific evidence, defense experts, and discovery.
Abstract
The "junk science" debate and the U.S. Supreme Court's decision in the Daubert case have highlighted problems associated with the use of expert testimony and scientific evidence. Nonetheless, the use of scientific evidence in criminal trials should be encouraged because such evidence is often better than eyewitness testimony and other types of evidence. The existing adversary system, however, does not contain sufficient safeguards to protect against the misuse of scientific evidence, and there is a critical need for standards on the reliability of novel scientific evidence and its admissibility in criminal trials. A better system for providing defense expert witnesses also needs to be developed, criminal discovery should be expanded, and Federal rules of evidence should be amended. 137 footnotes