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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...

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