March 01, 2017

Sua Sponte: A Judge Comments

A judge offers her perspective on the Daubert trilogy.

Hon. Elizabeth Gleicher

Download a printable PDF of this article. (The Sua Sponte begins on page two of the PDF.)

 

By bringing “scientific culture to the courtroom,” Dr. Lorandos argues, the Daubert trilogy enhances the pursuit of justice. But scientifically naïve judges often negate this beneficial development by ignoring their gatekeeping role. Nowhere is that lapse more consequential—and more dangerous—than in the forensic realm, Dr. Lorandos contends. From my perspective as an appellate judge, Dr. Lorandos’s article provides a useful review and an invitation to reconsider the trilogy’s application.

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