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Pepperdine Law Review

The Impact of Daubert on the Admissibility of Behavioral Science Testimony

Henry F. Fradella, Adam Fogarty & Lauren O'Neill

 

Abstract

While there are numerous articles that have criticized the application of Daubert to a particular issue, including, just to name a few, topics such as repressed memories of sexual abuse, parental alienation in child custody cases, psychological factors affecting domestic violence cases, and clinical assessments of dangerousness, there is a dearth of research on the systematic application of Daubert to particular disciplines or fields. In an attempt to fill this void, the present study examines how Daubert has been applied to cases in which psychological expert testimony has been offered in federal courts since Daubert was decided in 1993.