Saturday, May 13, 2006

Simmons on "Conquering the Province of the Jury"

From C.E. Petit, we learn of a forthcoming article in the University of Cincinnati Law Review by Ohio State law professor Ric Simmons. Entitled "Conquering the Province of the Jury: Expert Testimony and the Professionalization of Fact-Finding," the article argues that prohibitions against "invading the province of the jury" should no longer count as a basis for excluding polygraph testimony or expert evidence on the reliability of eyewitness identification.

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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.