Judges hate to rule on scientific issues and opt to “let the jury sort it out.” Its a sign of poor legal/science competencies. Plus inadequate and outdated “rules of evidence” in places like New York. California and Texas now have junk science writs to compensate.

The U.S. Supreme Court’s ruling in Daubert v. Merrell Dow Pharmaceuticals, Inc., and subsequent revisions to Federal Rule of Evidence 702, are seldom properly applied in criminal cases. Civil cases use them much more frequently.
— Read on papers.ssrn.com/sol3/papers.cfm