Expert witness; beyond 'one size.'

Article Abstract:

Developments in theories for validating expert witness in in the Daubert and Kumho Tire Co. analyses are discussed. In interpreting the phrase "scientific knowledge" in Federal Rule of Evidence 702 in the Daubert ruling, the court required a showing of reliability for scientific knowledge, but Kumho required that any specialized knowledge be validated.Different validation methods are discussed.

Evaluation

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Expert witness; litigating credibility

Article Abstract:

The consideration of credibility evidence in a Daubert hearing is discussed, and acceptance should hinge on the evidence's probative value in the dispute. Prior inconsistent statements should be questioned only when these directly contradict the witness's trial testimony.

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'Daubert' in civil cases

Article Abstract:

The use of Daubert v. Merrell Dow Pharmaceuticals, Inc., for expert evidence in criminal cases is discussed. Scientific evidence in criminal cases is likely to occur, and that by forensic document examiners would be one example.

Criminal law

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