Arizona Chamber Foundation Releases Policy Brief on Courtroom Science
January 29, 2010Foundation finds that Arizona standard leaves door open to “junk science”
PHOENIX – The Arizona Chamber Foundation today released a Policy Brief that finds that Arizona’s standards for admitting expert testimony into court cases is leaving juries to ponder “junk science” while hindering an improved Arizona business environment.
The study, The Case for Daubert: Ensuring sound science in Arizona courts, argues that Arizona courts’ reliance on the Frye standard provides judges much less authority to evaluate the credibility of expert testimony than the alternative Daubert standard. Frye allows for the submission of expert testimony that has gained “general acceptance” in the relevant field.
The Daubert standard, which is firmly established at a federal court level and has been adopted in whole or in part by 37 states, establishes a higher threshold for the consideration of expert testimony and encourages judges to assume a more vigorous role when it comes to considering certain scientific evidence.
“By following Daubert, federal courts seek to prevent the admission of scientific evidence that hasn’t been subject to peer review or that isn’t the product of reliable principles and methods,” Arizona Chamber Foundation Executive Director Suzanne Taylor said.
Arizona’s threshold for admitting scientific evidence is particularly low, by allowing for testimony based on an expert’s “own experience, observation or research,” which is something that cannot gain general acceptance.
The Foundation research finds that adoption of the Daubert standard in Arizona would lead to better outcomes for plaintiffs and defendants alike. It could also lead to an improved Arizona business environment by discouraging lawyers from filing claims against companies based on flimsy science.
“The costs of a legal environment that encourages fishing expedition lawsuits get passed on to everyone,” Taylor said. “A higher probability of getting sued means higher liability insurance rates. More money spent on defending against meritless lawsuits means less money directed at paying current employees and hiring new ones.”
The Legislature can adopt language reflecting the Daubert standard and give clearer guidance to the interpretation of the state’s rules of evidence.
The full paper, The Case for Daubert: Ensuring sound science in Arizona courts, can be read here.
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The Arizona Chamber Foundation (501 (c) 3) is a non-partisan, objective educational and research foundation. The Foundation produces research studies on Arizona public policy issues such as health care, budget, education, regulation, energy and others in an effort to inform policymakers business leaders and the general public.
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