skip navigation

PUBLICATIONS

Register for Latest Research

Stay Informed
Register with NCJRS to receive NCJRS's biweekly e-newsletter JUSTINFO and additional periodic emails from NCJRS and the NCJRS federal sponsors that highlight the latest research published or sponsored by the Office of Justice Programs.

NCJRS Abstract

The document referenced below is part of the NCJRS Virtual Library collection. To conduct further searches of the collection, visit the Virtual Library. See the Obtain Documents page for direction on how to access resources online, via mail, through interlibrary loans, or in a local library.

 

NCJ Number: 120792 Find in a Library
Title: Admissibility of Expert Testimony in Child Sexual Abuse Cases in California: Retire Kelly-Frye and Return to a Traditional Analysis
Journal: Loyola of Los Angeles Law Review  Volume:22  Issue:4  Dated:(June 1989)  Pages:1103-1160
Author(s): L E Carter
Date Published: 1989
Page Count: 58
Type: Legislation/Policy Analysis
Format: Article
Language: English
Country: United States of America
Annotation: This article examines California's admissibility rules for expert witness testimony in child sexual abuse cases, arguing that the Kelly-Frye standard should be replaced by a modified traditional analysis using evidentiary rules on the relevance of expert testimony.
Abstract: The Kelly-Frye standard of admissibility requires that a new scientific technique used by an expert witness in a child sexual abuse case be generally accepted within the relevant scientific community. The article traces the development of the Kelly-Frye standard, points out the confusions it has caused in the admissibility of psychological testimony, and analyzes conflicting decisions by California courts of appeal on the applicability of the Kelly-Frye standard to expert testimony in child sexual abuse cases. An alternative standard for the admissibility of expert testimony is proposed and compared with Kelly-Frye. The alternative provides a more coherent and predictable standard for testing the admissibility of expert testimony than does the Kelly-Frye standard. 412 footnotes.
Main Term(s): Child Sexual Abuse
Index Term(s): California; Expert witnesses; Probabilistic evidence; Rules of evidence
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=120792

*A link to the full-text document is provided whenever possible. For documents not available online, a link to the publisher's website is provided. Tell us how you use the NCJRS Library and Abstracts Database - send us your feedback.