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Legal principles governing expert testimony by experimental psychologists
Authors:Fredric D. Woocher
Affiliation:1. Center for Law in the Public Interest, Los Angeles
Abstract:With increasing frequency, experimental psychologists are called upon to present their research findings and theories in a courtroom. This article reviews the general evidentiary standards regarding such expert testimony, with a specific emphasis on how those principles have been applied in the context of expert psychological testimony on the unreliability of eyewitness identifications. A comprehensive review of the judicial decisions in this area reveals that there has recently been a significant shift in the courts' receptivity toward such testimony. Many courts now believe that psychological research on human perception and memory has progressed to the point that the expert's testimony may be considered both reliable enough and helpful enough to the jury to justify its adminssion in the appropriate case. The author concludes with a discussion of several developments that would help to allay the judicial system's historical concerns over the admission of such expert psychological testimony.
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