Monday, July 10, 2006

British Government Appeals Ruling in Meadow Case

The government has appealed a ruling by a British court that overturned the professional discipline of Sir Roy Meadow for giving false testimony, according to BBC and Reuters. The ruling held that experts may not be disciplined for giving testimony that was simply mistaken, and that any discipline of expert witnesses by professional societies must be triggered by a referral from the trial judge. Attorney General Lord Peter Goldsmith says the ruling threatens to turn British judges into "unpaid gatekeepers" for other professions.


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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.