The Evolution of the American Test for the Admissibility of Scientific Evidence

Most legal systems, including the British, have adopted a flexible, liberal standard for admitting scientific evidence. Although these systems consider the novelty of a scientific theory as a factor in evaluating the reliability of the scientific evidence, they do not follow a rigid rule excluding scientific testimony based on new theories and techniques. In the United States, however, most jurisdictions follow a rule automatically rejecting testimony based on novel scientific techniques. Reformers have severely criticized that rule, and the American courts now seem to be moving towards the British position on the admissibility of scientific evidence.