Zonana H
School of Medicine, Yale University, New Haven, CT 06519.
Bull Am Acad Psychiatry Law. 1994;22(3):309-25.
The Supreme Court, in Daubert v. Merrell Dow explored the guidelines for admitting "scientific evidence" by way of expert opinion in legal cases. The Federal Rules of Evidence that were revised in 1975 did not explicitly mention the Frye standard and thus left it unclear as to what guidelines should be used by judges in federal courts. The Court held that the Frye rule was superseded by the new Rules and that the judge had to exercise some gatekeeping functions. An expert with sufficient credentials and something relevant to say was an insufficient standard. The implications of this ruling for psychiatric expert testimony are reviewed.
最高法院在“道伯特诉梅里尔·道”案中探讨了在法律案件中通过专家意见采纳“科学证据”的指导方针。1975年修订的《联邦证据规则》没有明确提及弗赖伊标准,因此联邦法院的法官应采用何种指导方针并不明确。法院认为,弗赖伊规则已被新规则取代,法官必须行使一些把关职能。仅有足够资质且有相关内容可说的专家是不够的标准。本文对这一裁决对精神病学专家证言的影响进行了回顾。