Friday, November 24, 2006

Judicature Publishes Issue on Independent Judicial Research into Scientific Issues

From the current issue of Judicature:

Should judges do independent research on scientific issues, by Edward K. Cheng, an associate professor at Brooklyn Law School.

Appellate courts must conduct independent research of Daubert issues to discover "junk science", by Michael E. Keasler, a judge on the Texas Court of Criminal Appeals, and Cathy Kramer, a staff attorney at the Texas Court of Criminal Appeals.

Appellate courts should resist the temptation to conduct their own independent research on scientific issues, by Sharon Keller, Presiding Judge, Texas Court of Criminal Appeals, and Donald Cimics, a research attorney at the Texas Court of Criminal Appeals.

Independent research on scientific issues by judges must be carefully weighed and considered, by George Marlow, an associate justice of the New York Supreme Court, Appellate Division, and co-chair of the New York State Advisory Committee on Judicial Ethics.

Virginia's answer to Daubert's question behind the question, by D. Arthur Kelsey, a judge on the Court of Appeals of Virginia, and formerly a judge of the Fifth Judicial Circuit of Virginia.

How we can improve the reliability of fingerprint identification, by Michael Cherry, president of Cherry Biometrics and Vice Chair, Digital Technology Committee, National Association of Criminal Defense Lawyers (NACDL), and Edward Imwinkelried, the Edward L. Barrett, Jr. Professor at the University of California, Davis, School of Law.

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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.