Check out my newest article, The Daubert Double Standard, now in print at the Michigan State Law Review. Daubert has been an absolute disaster for the defense. The now decade-plus old law was supposed to make it tougher to use so-called expert testimony at trial. But the actual outcome was easy to predict: with regard to the state's evidence, nothing has changed. The courts simply rubberstamp any pseudo-expert the state tries to use. Worse yet, the courts impose the high Daubert hurdle on the defense, thus turning Daubert into a pro-state double standard. In my study of all appellate and SCOW cases in roughly the first decade of Daubert, the state is 134-0 against the defense.
You can find the article here. You can find all of my articles here. You can read the abstract for the article after the jump. And for more on Daubert, see my U. Illinois L. Rev. Online article, Daubert Strategies for the Criminal Defense Bar.
