Attorneys and judges are not the only important actors in the U.S. legal system. Laypersons and experts also play key roles. Important questions about how these groups — most notably juries and scientific experts — interact with the legal system have long been at the heart of Shari Diamond’s research. How do juries reach decisions? How can scientific evidence best be communicated to triers of fact? What would make knowledgeable scientific experts more inclined to assist in legal proceedings? “Science & the Legal System” was the focus of the Fall 2018 issue of Daedalus, Journal of the American Academy of Arts and Sciences, which Diamond co-edited.
These questions were also informed by Diamond’s own experience as an expert witness — she has testified about deceptive advertising and survey research in trademark cases. “I wanted to understand whether there were problems not just with getting researchers to participate in hearings, but also in making what they present in the legal system more understandable to the decision-makers, both judges and jurors.”
Her interest in this topic coincided with an initiative the Academy was launching on the public face of science, and so Diamond received support to start working on what would become a Daedalus issue with contributions from top legal and scientific minds, including an article that she wrote with her co-editor of the issue, Richard O. Lempert, Eric Stein Distinguished University Professor of Law and Sociology, emeritus, at the University of Michigan.
In their own article, “When Law Calls, Does Science Answer? A Survey of Distinguished Scientists and Engineers,” 金刚石和lempert描述了该学院的在诉讼中的合作,这质疑杰出的科学家和工程师对自己观点的法律制度,包括是什么促使他们参与(或不)进行的一项调查的结果,当记者问及他们的经验时他们是这样。而大多数的366名专家他们调查被要求在一些点作为专家证人,且大多同意这样做至少一次,有的表示怀疑有关法律程序和积极响应修改建议,包括提出反对专家证词在审判期间背靠背,或具有相对的专家制作了一份联合报告呼叫协议和分歧的领域。科学证据是复杂的,毕竟和非科学家 - 无论是法官或陪审员 - 经常会发现它具有挑战性的理解和应用。
“My particular interest right now is in enabling opposing experts to clarify the issues of disagreement between them,” Diamond says. “Why should the decision-makers — the judges and jurors — have to sort through completely different presentations often separated by days of other testimony? Why can’t some greater effort be made to identify their areas of agreement and disagreement? A good attorney who is well-prepared can help with that, but structurally our procedures tend to undermine direct engagement by putting expert presentations in separate silos. That approach is not productive if you are trying to come up with informed answers.”
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