Document Type

Article

Publication Title

Washington & Lee Law Review

Publication Date

2000

ISSN

0043-0463

Page Number

919

Keywords

scientific evidence, mental health, criminal trials, Rule 702

Disciplines

Evidence | Health Law and Policy | Law | Science and Technology Law

Abstract

In Daubert v. Merrell Dow Pharmaceuticals Inc., the Supreme Court sensibly held that testimony purporting to be scientific is admissible only if it possesses sufficient indicia of scientific validity. In Kumho Tire Co. v. Carmichael, the Court more questionably held that opinion evidence based on "technical" and "specialized" knowledge must meet the same admissibility threshold as scientific testimony. This Article addresses the implications of these two decisions for opinion evidence presented by mental health professionals in criminal trials.

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