Improving the Reliability of Scientific Testimony in Court

2018 ◽  
pp. 307-316
Author(s):  
David E. Bernstein ◽  
Kenneth R. Foster ◽  
Peter W. Huber
Keyword(s):  
Scientific Testimony

Adversarial Medical and Scientific Testimony and Lay Jurors: A Proposal for Medical Malpractice Reform

1995 ◽  
Vol 21 (2-3) ◽  
pp. 281-300
Author(s):  
Jody Weisberg Menon
Keyword(s):  
General Theory ◽  
Legal System ◽  
Medical Malpractice ◽  
Common Knowledge ◽  
Common Law ◽  
Expert Witnesses ◽  
Malpractice Reform ◽  
The Right ◽  
Scholarly Attention ◽  
Scientific Testimony

Pleas for reform of the legal system are common. One area of the legal system which has drawn considerable scholarly attention is the jury system. Courts often employ juries as fact-finders in civil cases according to the Seventh Amendment of the Constitution: “In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved … .” The general theory behind the use of juries is that they are the most capable fact-finders and the bestsuited tribunal for arriving at the most accurate and just outcomes. This idea, however, has been under attack, particularly by those who claim that cases involving certain difficult issues or types of evidence are an inappropriate province for lay jurors who typically have no special background or experience from which to make informed, fair decisions.The legal system uses expert witnesses to assist triers of fact in understanding issues which are beyond their common knowledge or difficult to comprehend.

Complex scientific testimony: How do jurors make decisions?

1996 ◽  
Vol 20 (4) ◽  
pp. 379-394 ◽  
Author(s):  
Joel Cooper ◽  
Elizabeth A. Bennett ◽  
Holly L. Sukel
Keyword(s):  
Scientific Testimony

scholarly journals The Limitations of Scientific Testimony in Chronic Disease Litigation

1991 ◽  
Vol 10 (4) ◽  
pp. 431-442
Author(s):  
Michael S. Davidson
Keyword(s):  
Chronic Disease ◽  
Chronic Diseases ◽  
Legal System ◽  
Expert Testimony ◽  
Environmental Exposures ◽  
The Relationship ◽  
Scientific Testimony

Questions raised by scientists about the relationship between chronic diseases and environmental exposures have formed the basis for numerous lawsuits seeking to obtain compensation for diseases claimed to be caused by those exposures. Scientists, as a result, are sought by the legal system to provide expert testimony on these topics. This article attempts to describe for scientists the legal system into which they are being asked to enter, to review the various ways in which courts have responded to the uncertainties in this area, and to suggest some cautions to scientists about their role in this system.

Emotion and Reason in Scientific Creation

2019 ◽  
pp. 261-300
Author(s):  
Tom McLeish
Keyword(s):  
Jet Fuel ◽  
Polymer Additive ◽  
Medieval Philosophy ◽  
Philosophical Discussion ◽  
Dual Roles ◽  
Cognition And Emotion ◽  
Detailed Case ◽  
Scientific Testimony

The dual roles of cognition and emotion in creativity that have emerged at many points in the book so far are examined in their own right. Through the lens of medieval philosophy, especially the work of Robert Grosseteste, then Kant, Spinoza, Hume, and the recent study of Iain McGilchrist, this chapter examines the structure of how the affective works in the origination of ideas, not just in response to them. Contemporary scientific testimony to the creative function of emotion leads to a detailed case study of a Caltech project to develop a polymer additive to make jet fuel safe in crashes, and other stories of scientific creation, earth the philosophical discussion in experience.

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