Stare Decisis
Definition
The common-law doctrine that courts are bound to follow the decisions of higher courts in the same judicial hierarchy. Provides consistency and predictability, and makes superior-court rulings on forensic methodology or admissibility binding on all lower courts in that system.
- Legal system
- Common law
- Meaning
- Lower courts bound by higher court decisions in the same hierarchy
- Purpose
- Consistency and predictability in rulings
- Forensic relevance
- Binds admissibility rulings on methodology across lower courts
Common questions
How does stare decisis affect whether a forensic technique is admitted in a new case?+
If a higher court in the same jurisdiction has already ruled on the admissibility or reliability of a technique, such as a particular DNA analysis method, lower courts in that hierarchy are generally bound to follow that ruling rather than re-litigating the science from scratch.
Can stare decisis be overturned as forensic science advances?+
Higher courts can revisit and overrule their own earlier precedents, and this does happen when new scientific understanding undermines a previously accepted method, but until that happens lower courts remain bound by the existing precedent.
Related terms
- Binding Precedent
- A decision of a superior court that a lower court in the same hierarchy must follow when deciding a case with materially...
- Delegated Legislation
- Rules, regulations, notifications, and statutory instruments made by an executive body under authority granted by a parent statute. Forensic laboratory accreditation standards...
- Inquisitorial System
- A model of legal proceedings, common in civil-law countries such as France and Germany, in which the court takes an active role...
- Primary Legislation
- Statutes enacted by the legislature: Acts of Parliament, Congressional Acts, or the codes enacted by a national assembly. Examples relevant to forensic...
- Professional Code
- A set of conduct standards issued by a professional body, regulatory authority, or accreditation scheme. Examples include the Forensic Science Regulator's Codes...