The Judge as Gatekeeper

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THE JUDGE AS GATEKEEPER:

DAUBERT AND THE ADMISSIBILITY OF SCIENTIFIC EVIDENCE

"Extraordinary claims require extraordinary proof."

Attributed to Carl Sagan

Last updated 03/29/07

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since March 27, 2001

New publications:

Jane Campbell Moriarty, "Misconvictions", Science, and the Ministers of Justice, 86 Nebraska Law Review 1 (2007).

ABSTRACT: This article provides a new perspective on wrongful convictions - what I term misconvictions. Focusing on the intersection of ethics and expert evidence in criminal cases, the article specifically considers the role of judges and prosecutors, collectively referred to as the ministers of justice. The article has a dual focus: first, to explain the forensic science concerns that contribute to misconvictions; and second, to contemplate the ethical roles that the ministers of justice have in creating misconvictions by their management of expert evidence. In addition to explaining how problematic forensic science can contribute to wrongful convictions, the article details the ethical concerns of prosecutorial and judicial acts and omissions. The article concludes with some suggested changes of a legal and ethical nature that might help reduce the rate of misconvictions.

I. INTRODUCTION

II. BEFORE DAUBERT

III. THE DAUBERT CASE

IV. COMMENTARIES ON DAUBERT AND ITS PROGENY

V. APPLICATIONS BY TRIAL AND APPELLATE COURTS

VI. OTHER RESOURCES (including resources on critical thinking and curricular materials)

VII. SCIENTIFIC EVIDENCE AND LAW IN OTHER COUNTRIES (under construction)

VIII. OTHER LAW AND SCIENCE ISSUES (including the use and misuse of statistics)

IX. OF ADDITIONAL INTEREST

X. CONFERENCES ON DAUBERT, AND SCIENCE AND LAW ISSUES

XI. PSYCHICS, THE PARANORMAL, AND MAGICAL THINKING IN POPULAR CULTURE

XII. RELATED ISSUES

Caveat

Always evaluate websites as well as other sources of information for bias and hidden agendas. SORT (The Sacramento Organization for Rational Thinking) has published a helpful essay on how to evaluate information that you find on the Internet.

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The purpose of these pages is to assist in the identification and use of potentially relevant sources of information on topics listed. Nothing in these pages should be interpreted as legal advice.

N.B.: These web pages are created and maintained by Christine Corcos. Statements and opinions included should not be attributed to Louisiana State University Law Center, its administration or governing boards. This website is public and unsecured. No guarantee is made as to the accuracy or authority of any file or document mounted here. This server is located at Louisiana State University in Baton Rouge, Louisiana.

Prepared by Christine Corcos,

Last Updated 03/29/2007

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