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Article
Dual-Processing Models of Admissibility: How Legal Tests for the Admissibility of Scientific Evidence Resemble Cognitive Science’s System 1 and System 2
Roselle Wissler and Michael J. Saks et al.
17 Va. J.L. & Tech. 354 (2013)
 
Open Access  |  Library Access

Abstract:

This Essay explicates the correspondence between the law’s two most prominent rules for the admission of scientific expert testimony (the Frye general acceptance test and the Daubert test of evidentiary validity) and the most prominent dual-processing model in cognitive science: System 1 (fast, intuitive) and System 2 (slow, reasoned).
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