Friday, July 11, 2003

Food for Thought

What if we developed a rating scheme, where the judge assigned a grade to scientific evidence for the jury's benefit? There could be a jury instruction:

A grade of A means there is significant scientific agreement on the evidence.
A grade of B means that although there is scientific evidence supporting the claim, the evidence is not conclusive.
A grade of C means the court has determined that the scientific evidence supporting the testimony is limited and not conclusive.
A grade of D means the court has concluded that only very limited and preliminary scientific research supports the evidence.

It's a good enough system, apparently, for health claims about food, under new FDA regulations. Here's the Washington Post story.
Fed. R. Evid. 702: If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise, if (1) the testimony is based upon sufficient facts or data, (2) the testimony is the product of reliable principles and methods, and (3) the witness has applied the principles and methods reliably to the facts of the case.