scholarly journals The Interested Expert Problem and the Epistemology of Juries

Episteme ◽  
2021 ◽  
Vol 18 (3) ◽  
pp. 428-452
Author(s):  
Alexander Guerrero
Keyword(s):  
Expert Testimony ◽  
Specific Question ◽  
Epistemology Of Testimony ◽  
Political Epistemology ◽  
Insight Into ◽  
Legal Epistemology

AbstractThe existence of experts raises a host of interesting questions in social, legal, and political epistemology. This article introduces and discusses interested experts – people who are experts on some topic, but who also have a distinct set of values and preferences regarding that topic, so that they are not well-described as “disinterested” parties. Interested experts raise several distinct problems in social, legal, and political epistemology. Some general questions arise: can we rationally or justifiably form beliefs relying on interested expert testimony? Do they constitute knowledge? Under what circumstances? This article focuses on a specific question in legal epistemology: should interested experts be allowed to serve on juries and, if so, should it be permissible for lawyers to strike them from the pool of potential jurors? My hope is that concentrating on this question will provide insight into the more general questions concerning the epistemology of testimony with respect to interested experts, while also providing concrete recommendations for jury reform to improve the epistemic performance of juries.

Don’t Ask a Neuroscientist about Phases of the Moon

2016 ◽  
Vol 25 (4) ◽  
pp. 712-725 ◽  
Author(s):  
KATHERINE SHATS ◽  
TIMOTHY BRINDLEY ◽  
JAMES GIORDANO
Keyword(s):  
Human Behavior ◽  
Criminal Law ◽  
Expert Testimony ◽  
The Moon ◽  
Brain Images ◽  
Legal Contexts ◽  
The Right ◽  
Phases Of The Moon ◽  
Insight Into ◽  
Federal Rule

Abstract:Ongoing developments in neuroscientific techniques and technologies—such as neuroimaging—offer potential for greater insight into human behavior and have fostered temptation to use these approaches in legal contexts. Neuroscientists are increasingly called on to provide expert testimony, interpret brain images, and thereby inform judges and juries who are tasked with determining the guilt or innocence of an individual. In this essay, we draw attention to the actual capabilities and limitations of currently available assessment neurotechnologies and examine whether neuroscientific evidence presents unique challenges to existing frameworks of evidence law. In particular, we focus on (1) fundamental questions of relevance and admissibility that can and should be posed before the tests afforded in Daubert v. Merrill Dow Pharmaceuticals or Frye v. U.S. are applied and (2) how these considerations fit into the broader contexts of criminal law. We contend that neuroscientific evidence must first be scrutinized more heavily for its relevance, within Daubert and Federal Rule of Evidence 702, to ensure that the right questions are asked of neuroscientists, so as to enable expert interpretation of neuroscientific evidence within the limits of their knowledge and discipline that allows the judge or jury to determine the facts at issue in the case. We use the analogy provided by the Daubert court of an expert on the phases of the moon testifying to an individual’s behavior on a particular night to ensure that we are, in fact, asking the neuroscientific expert the appropriate question.

Standard of Review and Burden of Proof in WTO Jurisprudence

2012 ◽  
pp. 795-811
Author(s):  
Srikanth Hariharan
Keyword(s):  
Expert Testimony ◽  
De Novo ◽  
Scientific Evidence ◽  
Burden Of Proof ◽  
Case Law ◽  
Trade Disputes ◽  
Appellate Body ◽  
The Law ◽  
Insight Into

This paper analyses the law on the standard of review and burden of proof in the trade disputes before the WTO Panel and Appellate Body Proceedings. The approach adopts a case-law analysis for a practical insight into the various issues that concern here. The paper structures its arguments on the de novo and the total deference approach and then proceeds to analyze the standard of review for a trade remedy case, expert testimony and in cases involving evaluation of scientific evidence. Further, the paper analyses the burden of proof mechanism employed in the adjudicatory proceedings.

scholarly journals Rules for Establishing Causation in Opiate/Opioid Overdose Prosecutions — The Burrage Decision

2017 ◽  
Vol 7 (1) ◽  
pp. 87-90
Author(s):  
Thomas P. Gilson ◽  
Carole Rendon ◽  
Joseph Pinjuh
Keyword(s):  
United States ◽  
Law Enforcement ◽  
Drug Overdose ◽  
Expert Testimony ◽  
Illicit Drugs ◽  
Burden Of Proof ◽  
The United States ◽  
Opioid Overdose ◽  
Legal Proceedings ◽  
Insight Into

As the opiate/opioid crisis has worsened in the United States, one of the law enforcement responses has involved increased efforts to prosecute the individuals responsible for the distribution of illicit drugs that result in overdoses. When mixed intoxications occur, the controlling decision for prosecution is Burrage v. United States (2014), which provides guidance on the types of evidence required for establishment of causation. In many types of legal proceedings, forensic pathologists are called to provide expert testimony, although they may be unaware of the burden of proof that is required in a given case. This paper seeks to elaborate upon the burden of proof in drug overdose prosecutions with the guidance of Burrage and offer insight into the expectations and limitations involved in these cases.

The Role of the Human Factors Engineer in Product Liability Litigation

1972 ◽  
Vol 14 (1) ◽  
pp. 13-15 ◽  
Author(s):  
George A. Peters
Keyword(s):  
Human Factors ◽  
Expert Testimony ◽  
Product Liability ◽  
Consumer Products ◽  
Future Research ◽  
Human Factors Engineering ◽  
Testing Ground ◽  
Human Factors Research ◽  
Insight Into

Experience gained from providing expert testimony in court has uncovered a number of issues pertinent to the science and practice of human factors engineering. Cases reviewed here provide some insight into the kinds of problems encountered and the benefits which derive from this exposure. It appears that liability suits will prove to be the testing ground not only for consumer products but for the products of human factors research as well. Such cases are also suggestive of the criteria the courts will apply to future research efforts.

Calibration problems in hydrogen luminosities

1966 ◽  
Vol 24 ◽  
pp. 322-330
Author(s):  
A. Beer
Keyword(s):  
Galactic Structure ◽  
B Stars ◽  
Insight Into

The investigations which I should like to summarize in this paper concern recent photo-electric luminosity determinations of O and B stars. Their final aim has been the derivation of new stellar distances, and some insight into certain patterns of galactic structure.

Stochasting modeling of planetary ring systems

1984 ◽  
Vol 75 ◽  
pp. 461-469 ◽  
Author(s):  
Robert W. Hart
Keyword(s):  
Maximum Entropy ◽  
Ring System ◽  
The Sun ◽  
Ultimate State ◽  
Interparticle Interactions ◽  
Ring Systems ◽  
First Order ◽  
Planetary Ring ◽  
Insight Into

ABSTRACTThis paper models maximum entropy configurations of idealized gravitational ring systems. Such configurations are of interest because systems generally evolve toward an ultimate state of maximum randomness. For simplicity, attention is confined to ultimate states for which interparticle interactions are no longer of first order importance. The planets, in their orbits about the sun, are one example of such a ring system. The extent to which the present approximation yields insight into ring systems such as Saturn's is explored briefly.

Skeletal elements of crinoid echinoderms: High-resolution structural and microanalytical results

1983 ◽  
Vol 41 ◽  
pp. 194-195
Author(s):  
D. F. Blake ◽  
L. F. Allard ◽  
D. R. Peacor
Keyword(s):  
High Resolution ◽  
Marine Invertebrates ◽  
Sea Urchins ◽  
Structural Features ◽  
Sea Stars ◽  
High Resolution Tem ◽  
Relationship Of ◽  
The Relationship ◽  
Insight Into

Echinodermata is a phylum of marine invertebrates which has been extant since Cambrian time (c.a. 500 m.y. before the present). Modern examples of echinoderms include sea urchins, sea stars, and sea lilies (crinoids). The endoskeletons of echinoderms are composed of plates or ossicles (Fig. 1) which are with few exceptions, porous, single crystals of high-magnesian calcite. Despite their single crystal nature, fracture surfaces do not exhibit the near-perfect {10.4} cleavage characteristic of inorganic calcite. This paradoxical mix of biogenic and inorganic features has prompted much recent work on echinoderm skeletal crystallography. Furthermore, fossil echinoderm hard parts comprise a volumetrically significant portion of some marine limestones sequences. The ultrastructural and microchemical characterization of modern skeletal material should lend insight into: 1). The nature of the biogenic processes involved, for example, the relationship of Mg heterogeneity to morphological and structural features in modern echinoderm material, and 2). The nature of the diagenetic changes undergone by their ancient, fossilized counterparts. In this study, high resolution TEM (HRTEM), high voltage TEM (HVTEM), and STEM microanalysis are used to characterize tha ultrastructural and microchemical composition of skeletal elements of the modern crinoid Neocrinus blakei.

Structure and function of neural networks in the retina

1988 ◽  
Vol 46 ◽  
pp. 26-27
Author(s):  
Peter Sterling
Keyword(s):  
Ganglion Cells ◽  
Three Dimensional ◽  
Structure And Function ◽  
Synaptic Connections ◽  
Visual Axis ◽  
One Dimensional ◽  
Cat Retina ◽  
Ultrathin Sections ◽  
And Function ◽  
Insight Into

The synaptic connections in cat retina that link photoreceptors to ganglion cells have been analyzed quantitatively. Our approach has been to prepare serial, ultrathin sections and photograph en montage at low magnification (˜2000X) in the electron microscope. Six series, 100-300 sections long, have been prepared over the last decade. They derive from different cats but always from the same region of retina, about one degree from the center of the visual axis. The material has been analyzed by reconstructing adjacent neurons in each array and then identifying systematically the synaptic connections between arrays. Most reconstructions were done manually by tracing the outlines of processes in successive sections onto acetate sheets aligned on a cartoonist's jig. The tracings were then digitized, stacked by computer, and printed with the hidden lines removed. The results have provided rather than the usual one-dimensional account of pathways, a three-dimensional account of circuits. From this has emerged insight into the functional architecture.

Radiation Damage Studies with the HVEM

1972 ◽  
Vol 30 ◽  
pp. 680-681
Author(s):  
J. J. Laidler ◽  
B. Mastel
Keyword(s):  
Radiation Damage ◽  
Stainless Steels ◽  
Volume Expansion ◽  
Austenitic Stainless Steels ◽  
Test Facility ◽  
Fast Breeder Reactors ◽  
Breeder Reactors ◽  
Under Construction ◽  
Development Laboratory ◽  
Insight Into

One of the major materials problems encountered in the development of fast breeder reactors for commercial power generation is the phenomenon of swelling in core structural components and fuel cladding. This volume expansion, which is due to the retention of lattice vacancies by agglomeration into large polyhedral clusters (voids), may amount to ten percent or greater at goal fluences in some austenitic stainless steels. From a design standpoint, this is an undesirable situation, and it is necessary to obtain experimental confirmation that such excessive volume expansion will not occur in materials selected for core applications in the Fast Flux Test Facility, the prototypic LMFBR now under construction at the Hanford Engineering Development Laboratory (HEDL). The HEDL JEM-1000 1 MeV electron microscope is being used to provide an insight into trends of radiation damage accumulation in stainless steels, since it is possible to produce atom displacements at an accelerated rate with 1 MeV electrons, while the specimen is under continuous observation.

Failure Analysis With the Scanning Electron Microscope

1972 ◽  
Vol 30 ◽  
pp. 482-483
Author(s):  
John R. Devaney
Keyword(s):  
Electron Microscope ◽  
Scanning Electron Microscope ◽  
Integrated Circuits ◽  
Failure Analysis ◽  
High Reliability ◽  
Military Applications ◽  
Small Structure ◽  
Useful Life ◽  
Insight Into ◽  
Scanning Electron

Occasionally in history, an event may occur which has a profound influence on a technology. Such an event occurred when the scanning electron microscope became commercially available to industry in the mid 60's. Semiconductors were being increasingly used in high-reliability space and military applications both because of their small volume but, also, because of their inherent reliability. However, they did fail, both early in life and sometimes in middle or old age. Why they failed and how to prevent failure or prolong “useful life” was a worry which resulted in a blossoming of sophisticated failure analysis laboratories across the country. By 1966, the ability to build small structure integrated circuits was forging well ahead of techniques available to dissect and analyze these same failures. The arrival of the scanning electron microscope gave these analysts a new insight into failure mechanisms.

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