Fixing Rule 702: The PCAST Report and Steps to Ensure the Reliability of Forensic Feature-Comparison Methods in the Criminal Courts

Abstract

In response to PCAST’s recommendation, the Standing Advisory Committee on Evidence Rules convened a meeting on forensic expert testimony, Daubert, and Rule 702 on October 27, 2017, at Boston College Law School to inform itself about the issues.22 The meeting included presentations by twenty-six speakers (including myself) and discussion among the attendees. The purpose of this Article is to summarize aspects of the PCAST report relevant to its recommendation to the Standing Advisory Committee on Evidence Rules and to propose a path forward with respect to Rule 702