2012Journal of Chang'an UniversityRequires access

Analysis and reference of the scientific evidence admissibility rules in the United States

Tao Li

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Abstract

In order to understand the admissibility rules of scientific evidence,the authors,based on the classical precedents and statute law,analyze the development of this issue in the United States.According to the analysis,admissibility standard developed from general acceptance of Frye standard,which is a mechanical method,to depending on discretion of judge before which Federal Rules of Evidence 702 and Daubert rule have been founded.Judge is to distinguish the reliability of scientific evidence and scientific trends under the philosophical basis of scientific empirical discretion.With reference to the experience of the United States,the improvement of the admissibility rules of judicial identification opinion in China should follow the three aspects: to found procedures of the admissibility judgments,to review in real terms,and to strengthen the contacts in various fields.

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What this paper is about

In order to understand the admissibility rules of scientific evidence,the authors,based on the classical precedents and statute law,analyze the development of this issue in the United States.According to the analysis,admissibility standard developed from general acceptance of Frye standard,which is a mechanical method,to depending on discretion of judge before which Federal Rules of Evidence 702 and Daubert rule have been founded.Judge is to distinguish the reliability of scientific evidence and scientific trends under the philosophical basis of scientific empirical discretion.With reference to the experience of the United States,the improvement of the admissibility rules of judicial identification opinion in China should follow the three aspects: to found procedures of the admissibility judgments,to review in real terms,and to strengthen the contacts in various fields.

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Available abstract

In order to understand the admissibility rules of scientific evidence,the authors,based on the classical precedents and statute law,analyze the development of this issue in the United States.According to the analysis,admissibility standard developed from general acceptance of Frye standard,which is a mechanical method,to depending on discretion of judge before which Federal Rules of Evidence 702 and Daubert rule have been founded.Judge is to distinguish the reliability of scientific evidence and scientific trends under the philosophical basis of scientific empirical discretion.With reference to the experience of the United States,the improvement of the admissibility rules of judicial identification opinion in China should follow the three aspects: to found procedures of the admissibility judgments,to review in real terms,and to strengthen the contacts in various fields.

Key concepts: Discretion, Federal Rules of Evidence, Scientific evidence, Statute, Law, Identification (biology), Admissible evidence, Consistency (knowledge bases)

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