EVIDENTIARY ISSUES WITH PARENTAL ALIENATION SYNDROME |
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| Authors: | Lewis Zirogiannis |
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| Affiliation: | Lewis Zirogiannis is a Staff Attorney for the United States Court of Appeals for the Second Circuit. He graduated Hofstra University School of Law in May 2001, and was the Managing Editor of Articles of the Family Court Review for Volume 39. |
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| Abstract: | Expert testimony on unsubstantiated social science syndromes such as the Parental Alienation Syndrome (PAS) has been increasingly admitted in courtrooms across the United States. This is a problem because a trier of fact is making a determination based on theories that are inaccurate or incorrect. To remedy this, the standards of admissibility for expert testimony must be heightened. The broad discretion given to trial judges in determining admissibility should be reevaluated and a new rule of evidence for social science testimony should be adopted. |
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