October 02, 2017

Professors Brandon Garrett and Gregory Mitchell, both of the University of Virginia Law School, argue compellingly that expert witnesses should be judged less by credentials and more by proven accuracy, in particular by their performance on proficiency tests.  Their article is not merely theoretical; it draws upon data showing “false positive” identifications in latent print examinations as proof that ‘years on the job’ or other curriculum vitae markers are not adequate to show expertise.  The goal of the article is to support a rethinking and subsequent retooling of the criteria for assessing whether a witness has what Rule 702 currently requires: being “qualified as an expert by knowledge, skill, experience, training, or education…”