Expert Testimony in Criminal Proceedings: Questions Daubert Does Not Answer

@inproceedings{Berger2003ExpertTI,
  title={Expert Testimony in Criminal Proceedings: Questions Daubert Does Not Answer},
  author={Margaret A. Berger},
  year={2003}
}
I strongly believe that we need a very stringent standard of proof in criminal cases. I do not think, however, that Daubert v. Merrell Dow Pharmaceuticals, Inc. has been productive in effectuating this goal. In civil cases, courts engage in rigorous gatekeeping and often exclude plaintiffs’ experts because the theory underlying their testimony has not been adequately validated. But I see no sign of a parallel approach in criminal cases even when there are problems with the assumptions on which… CONTINUE READING