Reconsidering the role of judicial notice in establishing the reliability of forensic science evidence

By taking judicial notice of the reliability of forensics based on mere admission in prior cases, courts risk admitting evidence that is entirely untested, if not unreliable. Moreover, by foregoing any independent review of the science in favor of judicial notice, courts fail to recognize advances in the science and continue to accept evidence even after their scientific bases have become doubtful. In light of these problems, this Paper argues that trial courts should not take judicial notice of the reliability of forensic science evidence unless another court within the jurisdiction subjected the theory or method in question to an adversar-ial hearing and subsequently admitted the evidence. Before using a prior adversarial hearing as a predicate for judicial notice, however, the judge must expressly evaluate the adequacy of that hearing to ensure that the volume and veracity of the evidence presented, whether evi-dence of unreliability was presented by the defense, and whether admis-sion of the evidence was of central importance to the case indicate that reliability was extensively and competently litigated.
Keywords No keywords specified (fix it)
Categories (categorize this paper)
 Save to my reading list
Follow the author(s)
My bibliography
Export citation
Find it on Scholar
Edit this record
Mark as duplicate
Revision history Request removal from index Translate to english
Download options
PhilPapers Archive

Upload a copy of this paper     Check publisher's policy on self-archival     Papers currently archived: 15,831
External links
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
Through your library
References found in this work BETA

No references found.

Add more references

Citations of this work BETA

No citations found.

Add more citations

Similar books and articles

Monthly downloads

Added to index


Total downloads

5 ( #359,010 of 1,724,750 )

Recent downloads (6 months)

1 ( #349,121 of 1,724,750 )

How can I increase my downloads?

My notes
Sign in to use this feature

Start a new thread
There  are no threads in this forum
Nothing in this forum yet.