Work

Applying the Rules of Evidence to Expert Testimony About Risk

Year: 2026

Type: article

Abstract: Expert opinion about dangerousness or risk is common at sentencing, criminal commitment proceedings and some types of pretrial detention hearings. This article argues that such evidence must be (1) "material" (logically relevant, empirically generalizable, and epistemologically germane), (2) "probative" (a measure of accuracy, which is heightened when the evidence is from an expert), (3) helpful to the factfinder (through promoting "incremental validity"), and (4) presented in a non-prejudicial manner (i.e., in a way that minimizes the possibility it will be misused or misinterpreted).

Source: Behavioral Sciences & the Law

DOI: 10.1002/bsl.70068

Author: Christopher Slobogin

Institution: Vanderbilt University

Language: English

Topic: Legal processes and jurisprudence

Subfield: Law

Field: Social Sciences

Domain: Social Sciences

SDG: Peace, justice, and strong institutions

Open Access status: hybrid

Estimated APC paid: $3,400