Asking the Gatekeepers: A National Survey of Judges on Judging Expert Evidence in a Post-Daubert World

Drawing on the responses provided by a survey of state court judges (N = 400), empirical evidence is presented with respect to judges' opinions about the Daubert criteria, their utility as decision-making guidelines, the level to which judges understand their scientific meaning, and how they might apply them when evaluating the admissibility of expert evidence. Proportionate stratified random sampling was used to obtain a representative sample of state court judges. Part I of the survey was a structured telephone interview (response rate of 71%) and in Part II, respondents had an option of completing the survey by telephone or receiving a questionnaire in the mail (response rate of 81%). Survey results demonstrate that judges overwhelmingly support the gatekeeping role as defined by Daubert, irrespective of the admissibility standard followed in their state. However, many of the judges surveyed lacked the scientific literacy seemingly necessitated by Daubert. Judges had the most difficulty operationalizing falsifiability and error rate, with only 5% of the respondents demonstrating a clear understanding of falsifiability and only 4% demonstrating a clear understanding of error rate. Although there was little consensus about the relative importance of the guidelines, judges attributed more weight to general acceptance as an admissibility criterion. Although most judges agreed that a distinction could be made between scientific and technical or otherwise specialized knowledge, the ability to apply the Daubert guidelines appeared to have little bearing on whether specific types of expert evidence were designated as science or nonscience. Moreover, judges' bench philosophy of science seemed to reflect the rhetoric, rather than the substance, of Daubert. Implications of these results for the evolving relationship between science and law and the ongoing debates about Frye, Daubert, Joiner, and Kumho are discussed.     

Stopping (or Slowing) the Revolving Door: Factors Related to NGRI Acquittees' Maintenance of a Conditional Release

The current study sought to extend the knowledge about factors associated with NGRI acquittees' maintenance of a conditional release after hospital discharge. The medical and forensic records of 125 NGRI acquittees were reviewed to collect a variety of demographic, clinical, criminal, and aftercare factors. A hierarchical survival analysis approach to determining success was compared to data analysis strategies typically employed in the area. Survival analysis, which accounts for both conditional release success status and time on conditional release, revealed that minority status, substance abuse diagnosis, and a prior criminal history were the factors that significantly predicted conditional release revocation. Treatment and policy implications of these results are discussed.     

The structure of values among college students: An examination of sex differences

Male and female college students stated how proud or ashamed they would be of 96 behaviors. The ratings by each sex were then factor analyzed. While personal accomplishments was found to be the primary factor for males, academic failure was the primary factor for females. An interpretation of these differences in terms of the operation of fear-of-failure dynamics among college women was suggested. Further examination of the factor structures revealed a larger number of morality-related factors for females than for males, suggesting that morality is more differentiated for females. The compatibility of this finding with previous research in the area of moral development was noted.This research was supported in part by a Michigan State University research grant to John Paul McKinney.Received Ph.D. from Michigan State University, 1979. Major interests are creativity, play, and values.Received Ph.D. from Ohio State University, 1961. Major interests are adolescence, values, and family patterns.Received Ph.D. from Michigan State University, 1979. Major interests are parent-adolescent separation, values, and evaluation research.     

Late adolescents' conceptualizations of home-leaving

Separation from the family, a key developmental task, has received scant attention from developmentalists. In this study, college students' dissimilarity ratings and ratings on 22 bipolar adjective scales were obtained for a set of 20 definitions of home-leaving. Results of a cluster analysis revealed that conceptualizations of the definitions are organized in terms of eight clusters. Ratings on the 22 adjective scales provided an empirical means for interpreting the typological structure of the home-leaving definitions. Convergence the results of this inductive study of home-leaving and elements of ego development theory was noted.Received Ph.D. from Michigan State University in 1979. Major research interests are moral development, parent-adolescent separation, and attribution theory.Received Ph.D. from Michigan State University in 1979. Major research interests are parent-adolescent separation, attitudes/values in adolescence, and evaluation research.