Friday, January 09, 2004

7th Circuit on Daubert and Immigration Proceedings

The Seventh Circuit has developed a healthy jurisprudence on the lessons Daubert may hold for adjudicative proceedings conducted by administrative agencies. Judge Posner has now authored what may prove to be an important opinion on how far the "spirit of Daubert" should inform immigration proceedings. See Niam v. Ashcroft, No. 02-4292 (7th Cir. Jan. 7, 2004) (Posner, Ripple, & Williams, JJ.).

posted by pn at 9:09 AM  

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.