Material witnesses

Article Abstract:

The probable increased attention to the laws governing the arrest and detention of material witnesses with the investigation of the World Trade Center and Pentagon Attacks of 2001 is discussed. Federal law authorizes the arrest and detention of material witnesses for use in grand juries or criminal trials.

Criminal justice, Administration of, Administration of criminal justice

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'Daubert' can undermine psychiatric testimony; Supreme Court's test ought to be applied to challenge mental diagnoses by expert witnesses

Article Abstract:

Although it was hoped that the test annunciated in the 'Daubert' ruling would limit the endless quasi-psycho-science offered as testimony, this has not been the case. Assessments of mental diagnoses have only marginally improved, possibly because of our societal/cultural deference to doctors.

Research and Development in the Social Sciences and Humanities, Psychology & Psychiatry, Evidence, Scientific, Scientific evidence (Law)

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Gatekeepers of expert testimony; federal courts are taking up the issue of whether amended Rule 702 departs from the meaning of 'Daubert' and 'Kumho Tire'

Article Abstract:

Whether amended Federal Rule of Evidence 702 may constitute a departure from the Daubert/ Kumho Tire analysis for expert evidence is discussed. Rudd v. General Motors Corp., issued in 2001, is the latest ruling handed down on this matter.

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