The Expression of Certainty by Expert Witnesses in American Jurisprudence (2017)
Excerpt
“The Federal Rules of Evidence, passed into law in 1975, set forth guidelines for determining if a person may be qualified to testify as an expert witness. Nearly twenty years later, in 1993, the United States Supreme Court handed down its landmark ruling in Daubert v. Merrell Dow Pharmaceuticals, which reminded judges of their "gatekeeping" role in applying the Federal Rules of Evidence while weighing the potential reliability of expert testimony.When scientists serve as expert witnesses, however, testimony can be highly technical and very compelling. For instance, a forensic DNA scientist that identifies a defendant's blood at a crime scene - or a drug chemist that identifies a white powder as being cocaine - is in a position to exert impressive influence over the court. It makes complete sense, then, that judges take their gatekeeping role very seriously, although it is among the most challenging of all the responsibilities they hold in American jurisprudence.”
