Psych notes 1:30:20.docx - 1 General Electric Co vs Joiner(1997 2 Kumho Tire Co vs Carmichael(1999 a The reliability of judgement from Daubert applies

Psych notes 1:30:20.docx - 1 General Electric Co vs...

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1. General Electric Co. vs Joiner (1997) 2. Kumho Tire Co. vs Carmichael (1999) a. The reliability of judgement from Daubert applies to all kinds of experts and civil and criminal cases 3. Kovera and McAuliff (2000) a. Participants 144 circuit court judges i. Judges are not good at distinguishing good science from bad ii. Reluctant to admit experts in general 4. Gatowski et. al. (2001) a. Most judges understand i. General acceptance (82%) ii. Peer review (71%) b. Few understood i. Testability (6%) ii. Error rate (4%) c. Some research suggests that judges make decision to admit experts based on: i. Characteristics of the expert 1. Education 2. Skill 3. Experience 4. Knowledge of subject ii. General acceptance by field d. Admission of Experts i. Federal courts – Daubert ii. ~ 23 states – Daubert iii. ~ 15 states Frye iv. Other states – their own rule 5. Scientific evidence a. Process of becoming accepted by courts i. Example: radar detection of vehicle speed 1. 1 st case 1959 ii. Within case: 1. Competent and Relevant a.

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