Ten Years of Judicial Gatekeeping Under Daubert
Bibliographic Data
| ID | 11021782 |
|---|---|
| Authors | Joe S Cecil (The author is with the Federal Judicial Center’s Program on Scientific and Technical Evidence, Washington, DC., corresponding author) |
| Year | 2005 |
| Volume | 95 |
| Issue | S1 |
| Pages | S74-S80 |
| Publication date | 2005-07-01 |
| Peer Reviewed | Yes |
| Open Access | No |
| Type | ARTICLE |
| Venue | American Journal of Public Health (JOURNAL) |
| Journal identifiers | ISSN: 0090-0036 • E-ISSN: 1541-0048 |
| Publisher | American Public Health Association (PUBLISHER • US) |
| DOI | 10.2105/ajph.2004.044776 |
| PMID | 16030342 |
| OpenAlex | W1974966887 |
| Language | EN |
| Citations received | 6 |
| References cited | 7 |
In the ten years since Daubert v Merrell Dow Pharmaceuticals, Inc, the standards for admissibility at trial of expert testimony in general and scientific evidence in particular have become more demanding. Reviews of recent cases and empirical studies of federal judges’ and attorneys’ practices indicate that judges are more likely to consider the admissibility of expert evidence prior to trial, to inquire more deeply into the reasoning and methodology that supports the expert opinions, and to limit or exclude such evidence from presentation at trial. Studies of published cases confirm this finding. Recent cases consider more difficult questions arising from the differing methodologies used in various areas of science. The current legal framework that assesses admissibility in terms of professional practice outside the courtroom is poorly suited to cases that require expertise across a wide range of specialties and force judges to choose from among different scientific methodologies. Future research should focus on the pretrial screening of expert testimony and interactions between the attorneys and experts in shaping that testimony
Admissible evidence · Engineering ethics · Epistemology · Federal Rules of Evidence · Gatekeeping · Political science · Scientific evidence · Engineering · Jury Decision Making Processes · Law · Law, Economics, and Judicial Systems · Medical Malpractice and Liability Issues · Medicine · Psychology
Nonpublication in the United States District Courts
The effects of Daubert on the admissibility of expert testimony in state and federal criminal cases
Judge and attorney experiences, practices, and concerns regarding expert testimony in federal civil trials
Changes in the standards for admitting expert evidence in federal civil cases since the Daubert decision
| Unique citing works | 6 |
|---|---|
| Citations per year | 0,29 |
| Citation span | 2005 - 2015 (11) |
| Citation velocity | historical |
| Highly cited | No |
| Citation types | Neutral: 6 |