Georgia Can Do Better Than Offer Uniquely Unequal Expert Evidence Standards
"A civil defendant's money is protected against unreliable science, but a criminal defendant's life is not."
January 27, 2021 at 01:03 PM
6 minute read
In 1982, the Supreme Court of Georgia held, in Harper v. State, that in deciding whether to admit expert scientific evidence, a trial court should ask whether "the procedure or technique in question has reached a scientific stage of verifiable certainty." This was the law in both civil and criminal courts for the next 23 years, until 2005. With the support of a tort-reform lobby seeking to shield businesses from liability claims rooted in suspect "scientific" evidence, the Legislature passed O.C.G.A. § 24-7-702. This statute essentially incorporated the federal Daubert standard of admissibility, requiring that scientific evidence be based on reliable scientific methods and that such methods be reliably applied in the given case. Reliability thus became the touchstone for the admission of science into civil court.
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