The science of forensic psychiatry and psychology
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Abstract
This paper proposes two theories for distinguishing scientific from non‐scientific evidence. Under one theory, scientific evidence is based on verifiable experimentation, while non‐scientific evidence is based on education, training, and experience. Under the second theory, scientific evidence provides a generalizable theory, while non‐scientific testimony applies only to a particular case. Most psychiatric and psychological testimony has scientific and non‐scientific elements. Courts in common‐law jurisdictions have developed special strict rules for the admissibility of scientific evidence, and commentators are starting to urge the development of similarly strict rules for the admissibility of non‐scientific evidence. The overarching trend is for courts to exclude questionable evidence. The most common tests used to screen expert testimony are the “general acceptance” and “reliability” tests. Depending on which test is applied in a particular jurisdiction, and how stringently it is applied, much of the ...