Information on mental disorders and their relationships to legal selleck issues is introduced through use of expert witnesses, who if qualified under the Federal Rules of Evidence, Rule 702 as experts “by knowledge, skill, experience, training or education”18 may testify in the form of an opinion or otherwise if: a) The expert’s scientific, technical, or specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in issue b) The
testimony is based on significant facts or data c) The testimony is the product of reliable principles and methods and d) The expert has reliably applied the principles and methods to the facts of the case. The landmark Supreme Court Inhibitors,research,lifescience,medical case Daubert v. Merrell Dow Pharmaceuticals, Inc. ,19 a product liability/malpractice case, established the judge as the gatekeeper to allow or exclude expert testimony. Subsequently in Kumho Tire Co. v. Carmichael,20 the Court found that this function
applied to all expert testimony. Daubert established Inhibitors,research,lifescience,medical a list of factors for courts to consider in determining the reliability of proposed expert testimony including: (i) is the proprosed theory testable? (ii) has it been tested with valid, reliable procedures? (iii) has it has been subjected to peer review or been published; (iv) what is the error rate if known or available? (v) are standards or controls in existence? and (vi) is there general acceptance Inhibitors,research,lifescience,medical by the scientific community?21 This is not an exclusive or exhaustive list, and there is no requirement that all factors be applicable in any particular case. Nonetheless, it is a guideline for experts seeking to testify about mental health issues. Inhibitors,research,lifescience,medical Hearings on admissibility are often referred to as “Daubert Hearings.” A judge is under no obligation to conduct a Daubert hearing in any particular case. Federal Rules of Evidence, Rule 70322 also requires the court to determine if information forming the basis of the expert’s opinion is of a type relied on by other experts in the field. The existence and importance of an adversary system of justice was not precluded in Daubert19: “Vigorous cross-examination, presentation of Inhibitors,research,lifescience,medical contrary
evidence, and careful instruction on the burden of proof are the traditional and appropriate means of attacking shaky but admissible evidence.” (p 595) It is, however, ultimately the judge who determines Phosphoprotein phosphatase whether or not an individual may serve as an expert for the court. In the area of personality disorders, this begs the questions of what is the current state of assessment for personality disorders and what is the general acceptance of the use of personality assessment within the legal arena. Furthermore, the issues of whether assessment and acceptance should differ in criminal and civil situations remain pertinent. Measurement of personality for the courts The identification and labeling of personality disorders is highly dependent on use and analysis of psychological testing.