context: We disagree. A jury's understanding of whether testimony is scientific is not based exclusively on whether the expert witness uses scientific-sounding jargon or words that are susceptible to only scientific meanings. Juries are capable of recognizing scientific substance when they hear it.
citation_a.signal: no signal
citation_a.identifier: 167 Or App 496, 496-97
citation_a.parenthetical: explaining the scientific principles underlying DRE evidence and noting that "it is clear that DRE draws its authority from scientific principles"
citation_a.sentence: Sampson, 167 Or App at 496-97 (explaining the scientific principles underlying DRE evidence and noting that “it is clear that DRE draws its authority from scientific principles”); see also O'Key, 321 Or at 296-97 (holding that HGN-test evidence is “scientific” because such evidence “purports to draw its convincing force from” the scientific proposition that there is “a causal relationship between consumption of alcohol and the type of nystagmus measured by the HGN test” and that relationship “is not within the realm of common knowledge of the average person”); Branch, 243 Or App at 315 (the jury will perceive distance evidence based on lidar as scientific because lidar uses a scientific principle— the speed of light—to measure distance).
citation_b.signal: see also
citation_b.identifier: 321 Or 296, 296-97
citation_b.parenthetical: holding that HGN-test evidence is "scientific" because such evidence "purports to draw its convincing force from" the scientific proposition that there is "a causal relationship between consumption of alcohol and the type of nystagmus measured by the HGN test" and that relationship "is not within the realm of common knowledge of the average person"
citation_b.sentence: Sampson, 167 Or App at 496-97 (explaining the scientific principles underlying DRE evidence and noting that “it is clear that DRE draws its authority from scientific principles”); see also O'Key, 321 Or at 296-97 (holding that HGN-test evidence is “scientific” because such evidence “purports to draw its convincing force from” the scientific proposition that there is “a causal relationship between consumption of alcohol and the type of nystagmus measured by the HGN test” and that relationship “is not within the realm of common knowledge of the average person”); Branch, 243 Or App at 315 (the jury will perceive distance evidence based on lidar as scientific because lidar uses a scientific principle— the speed of light—to measure distance).