Science, corporations and the law

Scott Mann

    Research output: Contribution to journalArticle

    Abstract

    There are a number of reasons why responsible lawyers cannot rely only on expert scientific testimony. Poorer clients will never be able to afford the sorts of scientific representation available to wealthy corporate clients. Just because an expert is well informed in a particular area, this does not mean that they can guide judge and jury through the chain of reasoning that supports their 'opinion'. And experts can be mistaken - for a whole range of reasons. Lawyers need to understand - in broad terms - what such experts are saying, to be able to appropriately interrogate them, to analyse and criticise the assumptions and inferences behind their 'opinions', and to keep judge and jury abreast of what is really going on. The onus remains on the legal representatives of victims of corporate greed and violence to take a very active role in the expert defence of their clients' interests; to prevent bias, bribery and untruth from winning the day through their own mastery of the crucial scientific issues, vigorous critical interrogation of expert witnesses for the other side, appropriate selection and use of their own witnesses and ongoing scientific education of judge and jury.
    Original languageEnglish
    Number of pages22
    JournalAlternative law journal
    Publication statusPublished - 2001

    Keywords

    • Corporations
    • Corrupt practices
    • Commercial crimes
    • Evidence, Expert
    • Lawyers
    • Science and law

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