Toward evidence-based evidence: Supporting forensic knowledge claims in the post-daubert era

This paper reconceptualizes the Daubert admissibility regime using the "evidence-based" metaphor. Although contemporary society is pervaded by calls for such things as medicine, policy, corrections, and crime prevention to be "evidence-based" and evidence is firmly associated with law, there has been little application of this notion in law and little recognition of the homology between evidence-based medicine and the Daubert inquiry. The paper argues that the Daubert inquiry may be conceived as a demand for "evidence about evidence," or "evidence-based evidence." It then uses the recent controversy over the admissibility of latent print (fingerprint) evidence to illustrate this notion. It shows that proponents of latent print evidence have had difficulty producing evidence about the reliability (or accuracy) of latent print evidence. Instead, trial courts have tended to find latent print admissible based on evidence that does not pertain directly to the accuracy of latent print evidence. Therefore, latent print evidence, as yet, is not "evidence-based evidence." Finally, the paper suggests that this state of affairs may explain the exclusion of latent print evidence in one recent case.
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
Download options
PhilPapers Archive

Upload a copy of this paper     Check publisher's policy on self-archival     Papers currently archived: 9,360
External links
  •   Try with proxy.
  • Through your library Only published papers are available at libraries
    References found in this work BETA

    No references found.

    Citations of this work BETA

    No citations found.

    Similar books and articles

    Monthly downloads

    Added to index


    Total downloads

    14 ( #95,283 of 1,089,057 )

    Recent downloads (6 months)

    1 ( #69,801 of 1,089,057 )

    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.