Behavioral Science Evidence in the Age of Daubert: Reflections of a Skeptic

78 Pages Posted: 2 Nov 2004 Last revised: 4 Jan 2011

Mark S. Brodin

Boston College - Law School

Date Written: January 1, 2005

Abstract

The piece briefly traces the history of the use of social science in the courtroom, and proceeds to critically measure this form of proof (particularly syndrome evidence) against both the reliability standards imposed by Daubert v. Merrell Dow Pharmaceuticals, Inc. and the traditional requirements for admission of expert testimony. Drawing upon empirical research concerning juries and decision-making as well as transcripts of the use of behavioral evidence at trial, I conclude that much of this testimony should be rejected. Rather than providing meaningful assistance to the jury, social science experts can distort the accuracy of the fact-finding process and imperil the fairness of the proceeding.

Keywords: expert testimony, syndrome evidence, social science evidence

Suggested Citation

Brodin, Mark S., Behavioral Science Evidence in the Age of Daubert: Reflections of a Skeptic (January 1, 2005). University of Cincinnati Law Review, Vol. 73, No. 3, Spring 2005; Boston College Law School Legal Studies Research Paper No. 48. Available at SSRN: https://ssrn.com/abstract=613564

Mark S. Brodin (Contact Author)

Boston College - Law School ( email )

885 Centre Street
Newton, MA 02459-1163
United States

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