Question

How did trial judges become the gatekeepers for expert testimony? Are there any problems with their gatekeeping role? How can the system be improved?

Answer 1

When judges at trial court come across a challenge to scientific testimony, trial court must perform the function of a preliminary assessment of whether the reasoning behind testimony is scientifically valid and whether it can be applied to the facts in issue. In this way trial court judges become gatekeeper of expert testimony.

There are many problems with gatekeeping function of trail court. SC has advised to perform this function but have not provided a clear framework . They have only a vaguely discussed framework. Moreover there are issues with who will initiate the admissibility of an evidence , court or the party. One more such problem is when admissibility must be determined , before trial or during the trial and who should bear the burden of proof.

All these problems can be improved through formulating a clear policy regarding gatekeeping and incorporating them into legal system.