Expert Witnesses
Science, Medicine, and the Practice of Law
Description:... This book is the first socio-legal analysis of the role of experts in the legal process, focusing on the role played by expert witnesses in the pre-trial construction of legal cases. It examines the history of forensic science in terms of its cooptation by the law as an aid to advocacy. Given recent concerns about the reliability of forensic evidence in criminal cases, the book is especially topical. Its argument is that, far from being 'abnormal' or 'deviant' science, forensic science in these cases of 'miscarriages of justice' represents a normal practice of science and a typical practice of science in the harness of the law. In some respects, our recent disillusionment with forensic science stems from a wider loss of faith in the promise of modernity - science no longer may be relied upon to provide us with the certainties we seek in order to construct our everyday lives. In one sense, therefore, our loss of confidence in forensic science and the criminal justice system is part of a more profound malaise. This book examines the various options available to us and analyses the ways in which the legal system has, in the past as in the present, sought to redeem its role as a primary means of truth-finding and deliverer of certainty. The book contains new material on the history of science and law as well as drawing upon empirical data and observational study to demonstrate the 'behind the scenes' links between, and pre-trial practices of, lawyers and scientists. It argues that recent attempts to resolve our crisis of confidence in forensic science by moving towards an 'independent' forensic science service are misguided and will eventually lead to 'state closure' of forensic services.As an alternative to this scenario, the author proposes a mixed economy of forensic services, comprising a strong freelance/university sector to off-set the present virtual monopoly by the State. Its analysis and proposals should be of interest to anyone interested in the findings of the Royal Commission on the Criminal Justice System.
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