NCJ Number
117667
Date Published
1986
Length
28 pages
Annotation
The increasing use of statistical methods in legal proceedings has been accompanied by various criticisms, some of which concern the capacity of the normal adversary process to produce sound statistical judgments.
Abstract
One way to improve the handling of statistical issues by courts is by using court-appointed experts, under Rule 706 of the Federal Rules of Evidence. Although experience with court-appointed statistical experts is limited, one case is cited in which a court-appointed expert was used in a Title VII class action involving sex discrimination. Based on an analysis of selected documents and interviews with key participants, it is concluded that the court-appointed expert helped the judge set priorities for managing the resolution of statistical disputes, provided authoritative judgment to resolve minor but protracted statistical disputes that had clearcut technical answers, clarified the implications of different statistical judgments proposed by party experts, and helped educate the judge about statistical problems. The judge found Rule 706 to be a workable framework for appointing and overseeing the work of the court-appointed expert, and he appeared to be enthusiastic about the procedure. Party attorneys, however, were more skeptical. The case analysis suggests that a court-appointed expert can provide a judge with important assistance in resolving statistical disputes, although wider experience with the procedure will be necessary to confirm its value. 14 references, 2 tables. (Author abstract modified)