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

Abstract
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)
Options
Edit this record
Mark as duplicate
Export citation
Find it on Scholar
Request removal from index
Revision history

Download options

Our Archive


Upload a copy of this paper     Check publisher's policy     Papers currently archived: 37,146
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

Analytics

Added to PP index
2009-01-28

Total downloads
43 ( #154,567 of 2,308,579 )

Recent downloads (6 months)
9 ( #65,298 of 2,308,579 )

How can I increase my downloads?

Monthly downloads

My notes

Sign in to use this feature