Whats Wrong With Expert Testimony? What Should Be Done About It?

Abstract

The use of expert testimony in American litigation has always been controversial. This paper first presents a synopsis of the complaints against expert testimony. Then the rules for expert testimony established by the Federal Rules of Evidence are presented to provide the foundation for a critical examination of the existing expert system. The paper reviews and scrutinizes a number of proposals to modify the present system as they relate to the Federal Rules. The paper concludes with a recommendation that integrates elements of these proposals with techniques used in European courts of law.