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Frontiers of Law in China

ISSN 1673-3428

ISSN 1673-3541(Online)

CN 11-5742/D

Postal Subscription Code 80-981

Front. Law China    2018, Vol. 13 Issue (1) : 34-42    https://doi.org/10.3868/s050-007-018-0004-7
Orginal Article
RULEMAKING POSSIBILITIES: EFFORTS OF THE UNITED STATES JUDICIAL CONFERENCE ADVISORY COMMITTEE ON EVIDENCE RULES TO ADDRESS THE CHALLENGES TO FORENSIC EXPERT TESTIMONY
Daniel J. Capra()
School of Law, University of California, Berkeley, USA; Reed Professor, School of Law, Fordham University, New York 10023, USA.
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Abstract

This piece is an echo to one of the main subjects of the Sixth International Conference on Evidence Law and Forensic Science which is to determine what evidentiary reforms are necessary for regulating forensic expert testimony, and how those reforms might be implemented. In United States, the predominant way of evidentiary reform is through rulemaking. As the Reporter of Judicial Conference Advisory Committee on the Federal Rules of Evidence since 1996, the author, with a pragmatic spirit throughout the article, examines such an effort at the federal level of U.S. in six parts (levels), starting from the most general, abstract level till finishing with the most detailed and substantive points. Part I begins with a brief introduction of the hierarchies of evidentiary rulemaking authorities at the federal level of the United States, various interested groups and their interesting interactions in the rulemaking process. The author then shifts to the general topic of writing rules with a specific focus on the level of detail that is to be provided in doing so; Part II further narrows down the scrutiny into writing a rule on forensic expert testimony with an emphasis on the necessity of making such a rule change to the current general standards of FRE; Part III directly addresses the challenges of drafting a rule on forensic evidence in FRE, including a comparation of various alternative drafting models; Part IV and Part V respectively discusses the Reporter’s comments and the Justice Department’s concerns over the drafted rules; and Part VI briefly discusses the feasibility and effectiveness of a Best Practices Manual on forensic evidence in lieu of rulemaking.

Keywords forensics      rulemaking      reliability      expert     
Issue Date: 23 April 2018
 Cite this article:   
Daniel J. Capra. RULEMAKING POSSIBILITIES: EFFORTS OF THE UNITED STATES JUDICIAL CONFERENCE ADVISORY COMMITTEE ON EVIDENCE RULES TO ADDRESS THE CHALLENGES TO FORENSIC EXPERT TESTIMONY[J]. Front. Law China, 2018, 13(1): 34-42.
 URL:  
https://academic.hep.com.cn/flc/EN/10.3868/s050-007-018-0004-7
https://academic.hep.com.cn/flc/EN/Y2018/V13/I1/34
[1] Paul Roberts. THE FORENSIC CHALLENGE[J]. Front. Law China, 2018, 13(1): 43-66.
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