Wednesday, January 10, 2007

New Mexico Notices the Existence of Transaction Costs

Prosecutors can cite no figures but claim dismissals are rampant following a New Mexico appellate ruling calling for live expert testimony, from actual human beings, in DWI cases. Only five experts can be found, apparently, in the entire state. Not content to wait for the market's Invisible Hand to augment the supply, legislators are reportedly preparing to eliminate the demand.

posted by pn at 12:02 AM  

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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.