Science (And Junk Science) In The Courtroom

The most popular television series in the last 10 years has been CSI, spawning not only several other franchises of its own brand but creating a tidal wave of forensics and criminology shows. While there are some positive educational benefits, people need to remember that television is an entertainment medium.

The writers of the shows, even when they use expert advisors, are more concerned with drama and characters than with presently objectively true science. For example, one of the CSI: Miami episodes this past year suggested that genetically modified foods were as dangerous as spent nuclear fuel or something, when there is not a single shred of evidence that the new corn or wheat strains are anything but a boon, particularly to parts of the world where hunger is widespread. Clearly, you will not get any college credit in chemistry, physics or trace evidence analysis from watching TV.

If you are a victim of medical malpractice, an accident or injury, tainted food or any other untoward event, you must therefore refrain from trying to analyze the evidence in your own case.

The last thing you need to do is waste your time, energy and perhaps even money in trying to research your own case and perform expert analysis, as you will have no standing to present your findings in any courtroom. What with the proliferation of junk science in the media, and in criminal and civil cases, judges are being far more careful assessing experts' professional standing and the accuracy of their scientific evidence. One good lawyer brings a teamWhen you retain a seasoned attorney to represent you in an accident, malpractice or other kind of injury case, you get more than just a courtroom advocate. Top lawyers have developed lists of certified, well-known and professionally respected experts across a wide range of fields. From accident scene reconstruction experts to evidence analysts, high-tech computer professionals to orthopedic surgeons, your top-flight attorney can call on the know-how and the scholarly credentials of just the right ones for your particular case. Of course, any good lawyer will want to have an educated client, but part of being educated and informed is understanding the limitations of your own knowledge.

You should certainly be conversant with the vocabulary of the experts on your case so that you can follow the explanations and analyzes. Rather than watch TV to get this knowledge, however, you are much better off reading print and Web publications that explain science (and junk science) to the layman. Sometimes the mass media will run a decent, evidence-based article on, say, medical scams, but for the most part you will find good information in specialized journals, on real magazine racks as well as the virtual ones. Some good resourcesIn addition to professional journals, which can be challenging, there are a number of publications that follow trends in science and scientific controversies. Among the best are Skeptical Inquirer and Skeptic, print magazines that have very informative Web sites, as well.

They cover physics, criminology, chemistry and even law, but have some of their best contributors in the medical category.

The “skepdoc,” Dr. Harriet Hall, can be found at both sites and in both magazines, and is a retired Air Force flight surgeon that keeps a spotlight on bogus medical procedures and product claims.

There are other experts in other fields who contribute both regular columns and special features.

Your lawyer knows what experts to consult.

You are expected to aid in your own defense as much as possible, and yes, this does include educating yourself as to any scientific analyzes of the evidence in your case. However, you must leave the conclusions and the judgments to those who really know what is going on, as you will not help yourself by injecting useless data or junk science of your own. Continue to read (you can even continue watching CSI, as long as you do not mistake it for a textbook) and you will be an informed client that can truly assist your lawyer in the case. Bottom lineWhen deciding on a lawyer, you really should do a little checking up. Ask about the experts that they use for evaluating the type of evidence in your own case, and determine how comfortable the attorney is in making scientific arguments understandable to judges and juries. Ask about previous cases like your own, as well as previous evidence such as is available in your case. No attorney will resent having to give references (most are proud to do so) and you should have little problem determining which attorney knows how to handle science (and junk science) in the courtroom.
At the Law Offices of Mickey Fine Law Firm in Manhattan Beach, California, we are los angeles personal injury lawyers that help clients who have been seriously injured due to the negligence of another party, and clients who have lost a family member in a tragic accident. We also help people whose insurance companies are denying or delaying payment of a legitimate claim.

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