A Plea for Legislative Reform: The Adoption of Daubert to Ensure the Reliability of Expert Evidence in Florida Courts
NOVA Law Review
Witnesses called to testify as "experts" are cloaked with prestige and authority, and are positioned to exert heavy influence on j uries. This is accentuated in areas of expert testimony that are highly technical or specialized. The Supreme Court of the United States has recognized that "'[e]xpert evidence can be both powerful and quite misleading because of the difficulty in evaluating it."' The Court has therefore given federal tri al court judges the important responsi bility of ensuring that expert testimony is based on reliable methodology and fits the facts of the case. Trial judges are instructed to act as "gatekeepers" to prevent juries from being inundated with ''junk science."