science Paradigm shift Thomas Kuhn The Structure of

何謂science? • Paradigm shift (Thomas Kuhn: The Structure of Scientific Revolutions，1962) • Karl Popper: 否證論(falsifiability) • Pseudo- science • Science • • 重複 檢驗 信度 效度 5

實證醫學（EBM）下之證明力 • Guideline • Hierarchy of evidence • Strong evidence • published in the high-quality peer-reviewed journals • Average evidence • published in journals which no-one really reads • Weak evidence • Unpublished • The study design and execution 6

證據法則之探討 • 證據能力(admission of evidence) • 證明力 • 證明之標準 • Preponderance rule • Clear and convincing • Beyond a reasonable doubt • 科學證據 10

Frye v. United States(1923) • Frye test: • For evaluating clinical testimony to a polygraph results • “ sufficiently established to have gained general acceptance in the particular field to which it belongs” 11

Federal Rule of Evidence • Rule 704 (Opinion on Ultimate Issue) • (b) No expert witness testifying with respect to the mental state or condition of a defendant in a criminal case may state an opinion or inference as to whether the defendant did or did not have the mental state or condition constituting an element of the crime charged or of a defense thereto. Such ultimate issues are matters for the trier of fact alone. 13

精神鑑定 Illusory? 15