State v. Henderson and the New Model Jury Charges - New Jersey ...

a-8-08.opn.html
We review each of those variables in turn. For each, we address relevant
scientific evidence, the Special Master’s findings, and instances where the State
takes issue with those findings.
We summarize findings for each of those variables consistent with the proper
standards for reviewing special-master reports and scientific evidence. Courts
generally defer to a special master’s credibility findings regarding the testimony
of expert witnesses. State v. Chun, 194 N.J. 54, 96 (2008) (citing State v.
Locurto, 157 N.J. 463, 471 (1999)). We evaluate a special master’s factual
findings
in the same manner as we would the findings
and conclusions of a judge sitting as a finder of
fact. We therefore accept the fact findings to the
extent that they are supported by substantial
credible evidence in the record, but we owe no
particular deference to the legal conclusions of
the Special Master.
[Id. at 93 (citations omitted).]
Scientific theories can be accepted as reliable when they are “based on a
sound, adequately-founded scientific methodology involving data and
information of the type reasonably relied on by experts in the scientific field.”
State v. Moore, 188 N.J. 182, 206 (2006) (quoting Rubanick v. Witco Chem.
Corp., 125 N.J. 421, 449 (1991)); see also Hisenaj v. Kuehner, 194 N.J. 6, 17
(2008). In general, proponents can prove the reliability of scientific evidence by
offering “(1) the testimony of knowledgeable experts; (2) authoritative scientific
literature; [and] (3) persuasive judicial decisions which acknowledge such
general acceptance of expert testimony.” Rubanick, supra, 125 N.J. at 432
(internal citation and quotation marks omitted); see Moore, supra, 188 N.J. at
206. We also look for general acceptance of scientific evidence within the
relevant scientific community. Chun, supra, 194 N.J. at 91 (citing State v.
Harvey, 151 N.J. 117, 169-70 (1997) (citing Frye v. United States, 293 F. 1013,
1014 (D.C. Cir. 1923) (remaining citations omitted))).
A. System Variables
We begin with variables within the State’s control.
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