Many courts have lax standards for evidence and judges who abandon their role as gatekeepers, resulting in an abundance of “junk science” presented to jurors.
Why It’s a Problem
Junk science is especially common in mass tort litigation regarding the glyphosate-based roundup weed killer and talcum baby powder.
Juries and judges should have access to the most complete and accurate evidence during trials and be presented with scientifically and factually accurate information to allow them to make well-informed decisions.
What Can Be Done
Support implementation of Federal Rule of Evidence 702 in courts, requiring that theories must be based on sound scientific method.
The Rule 702 standard is utilized in the federal court system and by a majority of states.
Judges must follow applicable laws regarding evidentiary standards if they are in place in their state.