Tuesday, January 09, 2007

The Jury-Dependence of Evidence Law

Worth reading: Frederick Schauer's article "On the Supposed Jury-Dependence of Evidence Law," with responses from Walter Sinnott-Armstrong and Jennifer Mnookin -- all available at PENNumbra.


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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.