Tuesday, April 26, 2011

http://ritualabuse.us/research/parental-alienation-syndrome/ American Precedent Holds PAS Inadmissible

paper available at : http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=642440
from the paper : 1. American Precedent Holds PAS Inadmissible - Because unreliable scientific claims pose a unique risk of undue influence and prejudice in the courtroom, the evidentiary admissibility of novel scientific material is governed by gate-keeping rules that are intended to ensure that such testimony meets adequate standards of reliability. As a novel scientific theory, PAS’s admissibility is governed by these gate-keeping rules. Gardner published the claim that fifty American decisions set precedent holding PAS admissible under the relevant evidentiary rules. A closer examination reveals this claim to be unfounded; current U.S. precedent holds PAS inadmissible. By July 19, 2005, sixty-four precedent bearing cases referenced PAS. Only two of these decisions, both originating in criminal courts in New York State, set precedent on the issue of PAS’s evidentiary admissibility; both held PAS inadmissible….
http://ritualabuse.us/research/parental-alienation-syndrome/

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