Abstract
Never make predictions, especially about the future. But in civil commitments, courts predict future behavior all the time. Judicial action here has severe results for the individual: deprivation of liberty, potentially unwanted and intrusive treatment, and the stigma of mental illness. Judicial inaction can also do harm: erroneous release can lead to injury of the person or others. Resolving these risks requires courts to find the person poses a danger to him/herself or others because of a mental illness.
Repository Citation
Scherr, Alexander W., "Daubert & Danger: The "Fit" of Expert Predictions in Civil Commitments" (2003). Popular Media. 13.
https://digitalcommons.law.uga.edu/fac_pm/13
Advocate, Vol. 37 No. 2 (Spring/Summer 2003), p. 25