THE IMPACT OF DAUBERT AND ITS PROGENY ON THE ADMISSIBILITY OF BEHAVIORAL AND SOCIAL SCIENCE EVIDENCE

Although Daubert (1993) describes a test for admissibility that applies to all proffers of scientific evidence in the federal courts and many state courts, its application has not been uniform across the sciences. To assess Daubert's impact for behavioral and social science evidence, the authors describe and analyze the application of a set of criteria that include whether Daubert has mattered, whether the context in which Daubert is applied should matter, whether one can operationalize the application of the Daubert criteria to predict its outcome in specific cases, whether Daubert can assist in getting admissibility decisions right, and whether there are broader lessons beyond admissibility to be learned from Daubert.