Professor Imwinkelried Publishes Guest Editorial in The Crime Story
Professor Edward Imwinkelried published a guest editorial in The Crime Story, an online magazine for American criminal justice professionals. The July 28, 2017 issue features Professor Imwinkelried's op-rf that deals with post conviction relief for defendants convicted on the basis of expert testimony that is subsequently invalidated.
In the editorial Professor Imwinkelried contends that, on the one hand, the later emergence of a competing school of thought is insufficient to warrant a new trial. Each of two competing theories can satisfy the reliability threshold established in the Supreme Court's 1993 Daubert decision. On the other hand, Professor Imwinkelried argues that a defendant should not have to show that subsequent research has utterly discredited a prior theory; given the modern understanding of the uncertainty of the scientific enterprise, that standard is unrealistically high. Professor Imwinkelried advances the thesis that it ought to suffice for the defense to show that a subsequent scientific insight seriously undermines confidence in the earlier theory.
Later this year Professor Imwinkelried will speak on the same subject at a symposium at Seton Hall Law School in New Jersey.