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Law

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Duke Law

Faculty Scholarship

2018

Expert evidence

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Challenges Facing Judges Regarding Expert Evidence In Criminal Cases, Paul W. Grimm Jan 2018

Challenges Facing Judges Regarding Expert Evidence In Criminal Cases, Paul W. Grimm

Faculty Scholarship

No abstract provided.


Introduction: Symposium On “Forensics, Statistics, And Law”, Brandon L. Garrett Jan 2018

Introduction: Symposium On “Forensics, Statistics, And Law”, Brandon L. Garrett

Faculty Scholarship

No abstract provided.


The Proficiency Of Experts, Brandon L. Garrett, Gregory Mitchell Jan 2018

The Proficiency Of Experts, Brandon L. Garrett, Gregory Mitchell

Faculty Scholarship

Expert evidence plays a crucial role in civil and criminal litigation. Changes in the rules concerning expert admissibility, following the Supreme Court's Daubert ruling, strengthened judicial review of the reliability and the validity of an expert's methods. Judges and scholars, however, have neglected the threshold question for expert evidence: whether a person should be qualified as an expert in the first place. Judges traditionally focus on credentials or experience when qualifying experts without regard to whether those criteria are good proxies for true expertise. We argue that credentials and experience are often poor proxies for proficiency. Qualification of an expert …