Weight of Expert Testimony
[摘要] burden of proofdangerousnessindefinite hospitalizationneurocognitive disordernon-restorablePointing out Weaknesses in Defendant’s Expert Opinion Does Not Shift Burden of Proof to DefendantIn United States v. Dalasta, 3 F. 4th. 1121 (8th Cir. 2021), the U.S. Court of Appeals for the Eighth Circuit considered whether the district court committed an error in discounting the findings of the defendant’s expert regarding risk of future dangerousness. The court ruled that there was no clear error and the court’s assessment of expert testimony did not improperly shift the burden of proof to the defendant.
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[效力级别] [学科分类] 儿科学
[关键词] burden of proof;dangerousness;indefinite hospitalization;neurocognitive disorder;non-restorable [时效性]