Scientists as Experts Serving the Court

Our courts were not designed to consider the increasingly complex scientific and technical evidence needed to resolve contemporary legal disputes. Moreover, when conflicting evidence requires an understanding and interpretation of scientific or technical issues, allowing the parties to control the p...

Full description

Saved in:
Bibliographic Details
Published in:Daedalus (Cambridge, Mass.) Mass.), 2018-10, Vol.147 (4), p.152-163
Main Authors: Rubinfeld, Daniel L., Cecil, Joe S.
Format: Article
Language:English
Subjects:
Communicating Science in Court
Courts
Disputes
Evidence
Experts
Juries
Laws
Legal issues
Scientists
Citations: Items that cite this one
Online Access:Request full text
Tags: Add Tag
No Tags, Be the first to tag this record!
Description
Summary:Our courts were not designed to consider the increasingly complex scientific and technical evidence needed to resolve contemporary legal disputes. Moreover, when conflicting evidence requires an understanding and interpretation of scientific or technical issues, allowing the parties to control the presentation of evidence places great strain on the judge and jury. This essay describes and evaluates three prototypical procedures that allow courts to appoint scientists and other experts independent of the parties to assist the court: 1) The appointment of an expert to advise the court and the parties regarding a disputed scientific issue by testifying in open court and being cross-examined by the parties; 2) The appointment of a “technical advisor” who assists the judge regarding scientific issues in much the same way that a law clerk assists regarding legal issues; and 3) The appointment of a special master who takes responsibility for the resolution of a portion of the case and prepares a written report for consideration by the court.
ISSN:0011-5266
1548-6192
DOI:10.1162/daed_a_00526