Case Western Reserve University School of Law Scholarly Commons Faculty Publications 1993 “Junk Science”: The Criminal Cases Paul C. Giannelli Case Western University School of Law,
[email protected] Follow this and additional works at: https://scholarlycommons.law.case.edu/faculty_publications Part of the Evidence Commons, and the Litigation Commons Repository Citation Giannelli, Paul C., "“Junk Science”: The Criminal Cases" (1993). Faculty Publications. 393. https://scholarlycommons.law.case.edu/faculty_publications/393 This Article is brought to you for free and open access by Case Western Reserve University School of Law Scholarly Commons. It has been accepted for inclusion in Faculty Publications by an authorized administrator of Case Western Reserve University School of Law Scholarly Commons. 0091-4169/93/8401-0105 THE jouRNAL OF CRIMINAL LAw & CRIMINOLOGY Vol. 84, No. I Copyright© 1993 by Northwestern University, School of Law Printed in U.S.A. "JUNK SCIENCE": THE CRIMINAL CASES PAUL C. GIANNELLI* l. INTRODUCTION Currently, the role of expert witnesses in civil trials is under vigorous attack. "Expert testimony is becoming an embarrassment to the law of evidence," notes one commentator. 1 Articles like those entitled "Experts up to here"2 and "The Case Against Expert Wit nesses"3 appear in Forbes and Fortune. Terms such as "junk science," "litigation medicine," "fringe science," and "frontier science" are in vogue.4 Physicians complain that "[l]egal cases can now be de cided on the type of evidence that the scientific community rejected decades ago."5 A. THE FEDERAL RULES OF EVIDENCE The expert testimony provisions of the Federal Rules of Evi dence are the focal point of criticism.