Literature DB >> 15709949

Psychological evidence at the dawn of the law's scientific age.

David L Faigman1, John Monahan.   

Abstract

The Supreme Court's 1993 decision in Daubert v. Merrell Dow Pharmaceuticals, Inc., holding that the admissibility of scientific evidence depends on its scientific merit, has made American law receptive to valid science to an unprecedented degree. We review the implications for psychology of the law's taking science seriously. We consider the law before Daubert, and the ways that Daubert as well as modifications to the Federal Rules of Evidence have affected the admissibility of expert testimony. We describe the ramifications of these changes for psychology used as authority to create a general legal rule, as evidence to determine a specific fact, and as framework to provide context. Finally, future prospects for improving psychological testimony are offered: Court-appointed experts will increase the psychological sophistication of judges and juries, and evidence-based practices on the part of psychologists will increase the sophistication of the expert testimony that they proffer in court.

Mesh:

Year:  2005        PMID: 15709949     DOI: 10.1146/annurev.psych.56.091103.070316

Source DB:  PubMed          Journal:  Annu Rev Psychol        ISSN: 0066-4308            Impact factor:   24.137


  2 in total

1.  Psychopathy and violence: increasing specificity.

Authors:  Zach Walsh; Marc T Swogger; Tiffany Walsh; David S Kosson
Journal:  Neth J Psychol       Date:  2007-12-01

2.  How Fuzzy-Trace Theory Predicts True and False Memories for Words, Sentences, and Narratives.

Authors:  Valerie F Reyna; Jonathan C Corbin; Rebecca B Weldon; Charles J Brainerd
Journal:  J Appl Res Mem Cogn       Date:  2016-03-01
  2 in total

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