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VOLUME 11 - CHAPTER 256
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256.2 Compulsive Gambler Defense
256.2.1 Compulsive Gambler Disorder As Defense Theory
FORECITE National™
Instructions And Issues Omitted By The Pattern Instructions
Copyright
& Publication Information
VOLUME 11 - CHAPTER 256
256.2.1 Compulsive Gambler Disorder As Defense Theory
PRACTICE NOTE: It has been recognized that expert testimony on "compulsive gambling disorder" may be admissible under the federal standard set forth in Daubert v. Merrell-Dow Pharmaceuticals, Inc. (1993) 509 US 579 [113 SCt 2786; 125 LEd2d 469]. (See U.S. v. Scholl (9th Cir. 1999) 166 F3d 964, 970.) While the expert testimony was limited in Scholl, in which the testimony was intended to be a defense to the failure to report gambling profits to the IRS, such expert testimony might be more fruitful where the defendant is charged with a gambling related offense.