Sunday, June 13, 2004

Back to the Future

On 3/31/04, we posted on a study by the Texas Defender Service calling into serious question whether expert testimony on future dangerousness -- the sine qua non for imposition of capital punishment in Texas, and a factor in several other states -- is any more reliable than, say, a Tarot card reading.

Now Monday's New York Times has the story.

Update 6/16/04: And here's a Dallas Morning News editorial.


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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.