A Necessary But Not Sufficient Set of Reforms on Science in the Courts
| Autor: | Samuel Krislov |
|---|---|
| Rok vydání: | 1991 |
| Předmět: | |
| Zdroj: | Justice System Journal. 15:383-389 |
| ISSN: | 2327-7556 0098-261X |
| DOI: | 10.1080/23277556.1991.10871135 |
| Popis: | Gequo/s set of reforms is a topic of considerable importance for the American Judicial system. This is underscored by the fact that the Carnegie Foundation has set up a major task force on those issues headed by Judge Jack Weinstein to make recommendations. Professor Gerjuoy was one of the experts asked to guide the task force and it would be difficult to find a more qualified person for he is both a scientist and a lawyer, has seen litigation from many viewpoints, has been a former editor-in-chief olJurimetrics, and above all is wise about both what should be done and what can be done. Gerjuo/s recommendations are well-considered, measured, and appropriate, and I expect that the Carnegie group will agree with these recommendations. My comments do not represent disagreements, but a different way of approaching the matter, focusing less on the next steps to be taken and more on the rocky road ahead. [To my eye there are hints in his essays suggesting he might agree with what I say, but thinks it is premature.] More specifically to aid in understanding/clarifying Gerjuo/s reforms I suggest three issues need to be resolved: (1) There is a need for greater understanding of what prompts the call for better science processing. This would give us some measure of relative success or failure of reforms, and also press us to see whether more emphasis need be placed on state system reforms, or whether the problem is, in fact, centered in the federal courts. (2) The manual of scientific presumptions (really a series of manuals) will be both more difficult to develop and will have more negative effects than suggested. (3) The steps recommended here, while valuable in themselves, would be enhanced if seen in the context of a need to develop mechanisms of greater court develop mechanisms of greater accommodation to the court regarding the swift enhancement of court evidence being presented in today's litigation. Gerjuoy quotes a Federal judge, a century ago, as critical of the processing of scientific evidence as any person today. We could also amass similar comments from contemporary experts in the economics of taxation, psychology, the sociology |
| Databáze: | OpenAIRE |
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