View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by University of Oklahoma College of Law Oklahoma Law Review Volume 71 Number 3 2019 The Disappointing History of Science in the Courtroom: Frye, Daubert, and the Ongoing Crisis of “Junk Science” in Criminal Trials Jim Hilbert Follow this and additional works at: https://digitalcommons.law.ou.edu/olr Part of the Courts Commons, and the Criminal Law Commons Recommended Citation Jim Hilbert, The Disappointing History of Science in the Courtroom: Frye, Daubert, and the Ongoing Crisis of “Junk Science” in Criminal Trials, 71 OKLA. L. REV. 759 (2019), https://digitalcommons.law.ou.edu/olr/vol71/iss3/3 This Article is brought to you for free and open access by University of Oklahoma College of Law Digital Commons. It has been accepted for inclusion in Oklahoma Law Review by an authorized editor of University of Oklahoma College of Law Digital Commons. For more information, please contact
[email protected]. THE DISAPPOINTING HISTORY OF SCIENCE IN THE COURTROOM: FRYE, DAUBERT, AND THE ONGOING CRISIS OF “JUNK SCIENCE” IN CRIMINAL TRIALS JIM HILBERT* Introduction Twenty-five years ago, the Supreme Court decided one of the most important cases concerning the use of science in courtrooms.1 In Daubert v. Merrell Dow Pharmaceuticals,2 the Court addressed widespread concerns that courts were admitting unreliable scientific evidence.3 In addition, lower courts lacked clarity on the status of the previous landmark * Jim Hilbert is an Associate Professor of Law at Mitchell Hamline School of Law and Co-Director of the Expert Witness Training Academy, which trains climate scientists through a grant from the National Science Foundation.