Washington & Lee Law Review
scientific evidence, mental health, criminal trials, Rule 702
Evidence | Health Law and Policy | Law | Science and Technology Law
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.
Doubts About Daubert: Psychiatric Anecdata as a Case Study, 57 Washington & Lee Law Review. 919
Available at: https://scholarship.law.vanderbilt.edu/faculty-publications/245