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Our courts are in crisis, argue legal professors Gary Edmond and David Hamer about the way expert opinion is handled. And authorities appear oblivious to the problem.
This may be because most people, including those in the criminal justice system, are not scientists. Yet science and the law interact at decisive moments.
Most witnesses in a courtroom have to give evidence based on fact. They must be truthful. But experts are allowed to testify with opinions based on “specialised knowledge”. The problem? Nobody is asking if these experts are reliable and whether what they’re saying is valid.
“They use forensic science evidence without regard for the best scientific advice,” Edmond and Hamer write. These are different benchmarks.
As a result, they argue, we routinely see “junk science” used in courts. This can lead to disastrous outcomes, especially when someone is wrongfully convicted. It doesn’t mean all forensic science is cast into doubt. But Australia needs independent bodies that can help courts seek out the best experts. And we also need an independent Criminal Cases Review Commission to uncover and refer potentially wrongful convictions back for further appeal.
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Signe Dean
Science + Technology Editor
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Gary Edmond, UNSW Sydney; David Hamer, University of Sydney
Expert opinion is necessary as part of the justice system – but nobody is asking if the experts are fit for the task and if their evidence is reliable.
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James Cook University
Cairns QLD, Australia
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