Book contents
- The Cambridge Handbook of Psychology and Legal Decision-Making
- Cambridge Handbooks in Psychology
- The Cambridge Handbook of Psychology and Legal Decision-Making
- Copyright page
- Dedication
- Contents
- Figures
- Tables
- Editors
- Contributors
- Part I Introduction Chapters
- Part II Pretrial Phase Decision-Making
- 5 Victim Decision-Making
- 6 Bystanders’ Crime Reporting Decisions
- 7 Pretrial Publicity’s Effects on Jurors’ and Judges’ Decisions
- 8 Police Decisions Involved in Collecting Eyewitness Identification Evidence
- 9 Decisions Related to Miranda Rights
- 10 Judges’ Daubert Decisions
- 11 The Psychology of Confession Decision-Making During Police Interrogation
- 12 Plea Bargaining
- 13 Forensic Science Decision-Making
- 14 Decision-Making by Forensic Mental Health Evaluators
- 15 Interviewing Suspects in Criminal Investigations
- 16 Prosecutorial Decision-Making in Cases of Child Sexual Abuse
- 17 Decision-Making About Restoration of Defendants Who Are Incompetent to Stand Trial
- 18 Clinical Decision-Making Regarding Criminal Responsibility
- 19 Decision-Making Regarding Child Victims and Witnesses
- Part III Trial Phase Decision-Making
- Part IV Postconviction Phase Decisions
- Part V Other Legal Decision-Making
- Part VI Perspectives from the Field
- Part VII Conclusion
- Index
- References
10 - Judges’ Daubert Decisions
from Part II - Pretrial Phase Decision-Making
Published online by Cambridge University Press: 22 February 2024
- The Cambridge Handbook of Psychology and Legal Decision-Making
- Cambridge Handbooks in Psychology
- The Cambridge Handbook of Psychology and Legal Decision-Making
- Copyright page
- Dedication
- Contents
- Figures
- Tables
- Editors
- Contributors
- Part I Introduction Chapters
- Part II Pretrial Phase Decision-Making
- 5 Victim Decision-Making
- 6 Bystanders’ Crime Reporting Decisions
- 7 Pretrial Publicity’s Effects on Jurors’ and Judges’ Decisions
- 8 Police Decisions Involved in Collecting Eyewitness Identification Evidence
- 9 Decisions Related to Miranda Rights
- 10 Judges’ Daubert Decisions
- 11 The Psychology of Confession Decision-Making During Police Interrogation
- 12 Plea Bargaining
- 13 Forensic Science Decision-Making
- 14 Decision-Making by Forensic Mental Health Evaluators
- 15 Interviewing Suspects in Criminal Investigations
- 16 Prosecutorial Decision-Making in Cases of Child Sexual Abuse
- 17 Decision-Making About Restoration of Defendants Who Are Incompetent to Stand Trial
- 18 Clinical Decision-Making Regarding Criminal Responsibility
- 19 Decision-Making Regarding Child Victims and Witnesses
- Part III Trial Phase Decision-Making
- Part IV Postconviction Phase Decisions
- Part V Other Legal Decision-Making
- Part VI Perspectives from the Field
- Part VII Conclusion
- Index
- References
Summary
In the landmark case Daubert v. Merrell Dow Pharmaceuticals, Inc. (1993), the Supreme Court of the United States articulated the admissibility standard for expert evidence. In jurisdictions that have adopted the Daubert standard, trial court judges must make difficult decisions regarding the admissibility of proffered expert evidence. Although all federal courts and nearly all state courts use the Daubert standard, we know little about how judges fulfill their gatekeeping role when making admissibility decisions. This chapter reviews the empirical and theoretical considerations regarding how judges in Daubert jurisdictions determine which proffered expert evidence should be admitted. After reviewing the standards governing the admissibility of expert testimony, which includes a discussion of the Federal Rules of Evidence, Daubert, and related cases, the chapter provides a discussion of each Daubert criterion, including the available evidence relating to judges’ understanding of those criteria. It then discusses the heuristics and biases that affect judicial decision-making. The chapter concludes with a discussion of implications for practice and research.
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- The Cambridge Handbook of Psychology and Legal Decision-Making , pp. 144 - 158Publisher: Cambridge University PressPrint publication year: 2024