Expert Witnessing

Expert Witnessing: Explaining and Understanding Science

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ISBN 9780849311970
Cat# 1197
 

Features

  • An overview of the nature of the problem and the setting in which interaction occurs
  • Why litigators prefer jury trials to bench trials when scientific issues are involved
  • An explanation of the fundamental difference between science and law
  • The cultural barriers between scientists and physicians that can adversely affect their cooperation in the proof of causation in toxic injury cases
  • The ongoing transition in the law of evidence
  • How use of experts in the civil law countries of continental Europe contrasts with the U.S. common law system
  • How scientists approach scientific problems, interdisciplinary communications, and the phenomenon of "junk science"
  • The nuts and bolts scientists need to communicate effectively at trial
  • How complex scientific information must be presented to be useful to the trier of fact
  • How a forensic expert analyzes and presents billion-dollar toxic releases for presentation to jurors
  • Hidden traps in dealing with epidemiological data
  • How to expose logical errors in medical diagnosis
  • The translation of scientific issues into common sense language
  • A description of the communication problems between scientists and lawyers that occur during patent litigation
  • Summary

    Communication problems between science and the courts are widely deplored and sometimes exploited by a variety of groups. The U.S. Supreme Court has twice tightened the law of evidence to control the flow of information, but amazingly little has been written to analyze the nature of the problem and reduce the barriers. Expert Witnesses: Explaining and Understanding Science results from the first-hand experience of the contributors-who include scientists, expert witnesses, litigators, and a judge-that the cultural and interdisciplinary communications barriers between science and the law can be greatly reduced to everybody's advantage if the parties understand and respect each other's needs and positions.

    Table of Contents

    What Judges, Scientists, Physicians and Attorneys Ought to Know about Each Other, C. Meyer
    Are Jurors Smart Enough to Understand Scientific Evidence? P.M. Ayd and M.M. Troeger
    The Fundamental Differences between Science and Law, R.A. Bohrer
    The End of Splendid Isolation: Tensions between Science and Clinical Practice, A.L. Greer
    Expert Testimony Involving Chemists and Chemistry, R. Bjur and J.T. Richardson
    The Role of Experts in German Environmental Law, C-P. Martens
    Distinguishing Good Science, Bad Science, and Junk Science, C. Meyer
    The Five Dimensions of Scientific Testimony, K.M. Verdeal
    Presenting Sophisticated Scientific Evidence Persuasively: The Role of the Scientific Expert and the Attorney at Trial, P.M Ayd and M.M. Troeger
    Forensic Techniques for Establishing the Origin and Timing of a Contaminant Release, R.D. Morrison
    Using Epidemiology to Explain Disease Causation to Judges and Juries, L. Erdreich
    Medical and Scientific Evidence of Causation: Guidelines for Evaluating Medical Opinion Evidence, S.R. Poulter
    Explaining Toxic Chemical Risk in the Courtroom Authority, Storytelling, and Science, W. Roth-Nelson
    The Role of Technical Expert Witnesses in Patent Litigation, M. Kaminski

    Editorial Reviews

    "This book will be of interest to any professionals who have been called upon to serve as an expert witness, whether it is the first or 100th litigation they have been involved in."
    -Journal of Environmental Quality

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