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                            Library & Multimedia
 The Over-citation of Daubert in Forensic Anthropology
NCJ Number
              308595
Journal

*Journal of Forensic Sciences* Volume: 69 Issue: 1 Dated: 2024 Pages: 9-17
Author(s)
          Kate M. Lesciotto;
                        Angi M. Christensen
Date Published

2024
Length
              9 pages
Annotation
              This article reports on a qualitative thematic analysis of forensic anthropology articles cited in published forensic anthropology research, in order to determine why authors cite the Daubert framework in a way that misinterprets the guidelines as if they were rigid criteria.
Abstract
              The 1993 US Supreme Court decision Daubert v. Merrell Dow Pharmaceuticals, Inc. presented new guidance for the judicial assessment of expert witness evidence and testimony in the determination of admissibility. Despite the rarity of admissibility challenges to forensic anthropology evidence, Daubert is frequently cited in published forensic anthropology research. This study undertook a qualitative thematic analysis of forensic anthropology articles published in the Journal of Forensic Sciences to assess why authors continue to cite Daubert and express concerns over potential exclusion. The results show a significant increase in the number of articles that cite legal admissibility standards over time (p < 0.001). Authors frequently cite these standards to contextualize their results within the Daubert framework or to justify the need for their research. Notably, many articles present Daubert as a constraining force, misinterpreting the guidelines as rigid criteria or that they require methods to be strictly quantitative. However, Daubert was intended to be a flexible tool for judges—not a standard or instruction for scientists. While it was reasonable to reflect on the scientific rigor of methods in the wake of the Daubert decision, a new perspective is warranted in which forensic anthropologists shift their focus from trying to “satisfy” admissibility guidelines to adopting quality assurance measures that minimize error and ensure confidence in analytical results, and developing and using methods that are grounded in good science—which is important regardless of whether or not the results are ever the subject of a trial. (Published Abstract Provided)
      
  
          Additional Details
Grant Number(s)
        DJO-NIJ-22-RO-0007


  
  
        
  Agencies
        NIJ-Sponsored


  
  
        
  Publication Type
        Research (Applied/Empirical)


  
  
        
  Award
        NSF co-funded project - Sex Estimation in Forensic Anthropology: Taking a Legally-lnformed Approach to Method Development
    
  
  
Date Published: January 1, 2024
    
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