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SciPoll 635: Science in Legal Proceedings and Court Decisions Pt 2
In your opinion, are there any solutions to ensure courts are using the best available science when making decisions?
Results
(70 Answers)
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user-184082
yes courts should make use of available science -
user-925409
Peer reviewed systemic reviews of the literature in credible journals. -
user-205139
No, because they dont talk to the most expertise scientifics. -
user-242774
Multiple peer-review of documents/theories/etc. used in court. -
user-819800
To find the best scientistsin the relevant field and have 3 of them reach an opinion. -
user-433580
Yed -
user-138703
only as above, opinion from true experts -
user-153764
unlikely - just as with chemical-specific decisions/opinions coming from the State of California's EPA and US EPA there is currently no way to appeal/correct misguided actions other than the court system. If perhaps the National Academy were to be funded to conduct reviews of these issues this could be one mechanism to rectify the problem. -
user-158882
Availability of resources
Good plan
Human Resources Management -
user-82093
Yes, technical opinion from independent scientist from other countries -
user-968829
Choosing credited scientists -
user-304202
Not really -
user-665765
COurts should use at least two independents experts before to claim any conclusions, as it has done for assessing metanalysis in clinical scientific research -
user-156962
Not easy. Science is not always straightforward. Ideally involve truly independent experts and compare their assessments. -
user-523578
The courts should hold the attorneys to documented standards of care for each case. They should hold the attorneys to objective evidence and not simply rely on “personal” opinion of self-proclaimed experts. -
user-182509
Yes -
user-643355
Appoint independent statisticians -
user-475346
In addition to the focus on peer-reviewed articles (in addition to professional opinion from medical or scientific experience) above, a requirement for multiple experts (to ensure consensus) giving input would be another consideration. -
user-623341
AI -
user-935064
The only solution is to elevate the quality of science education on such matters as avoidance of normative persuasions and stealth advocacy. Sadly, too many in the field of science have succombed to group think and have drifted away from rigors of evidence-based reasoning. -
user-486872
Information used should not be older than 5 years and should be in Tier 1 journals. -
user-109201
1.all cas s decision documents should be publically displayed for better opinions.( Public repository)
2.Court decision should always be associated with advanced forensic research labs and scientists.
3. A vigilance committee including science personal should monitor court decision.( Double blind) -
user-628816
Peer review or challenge data -
user-316232
Peer review, Scientific advisory panels, Admissibility admissions -
user-619625
Peer reviewing may be the best solution to ensure the quality of scientific evidenced used in courts -
user-484477
- Judges and legal professionals should receive training in scientific literacy to better understand and evaluate scientific evidence presented in court. This education can help judges make informed decisions based on the best available science.
- Courts should prioritize transparency in the handling of scientific evidence, including disclosing any conflicts of interest and making scientific data and methodologies accessible to all parties involved in the case.
- The legal system should regularly review and evaluate its practices for incorporating scientific evidence to identify areas for improvement and ensure that the best available science is consistently applied in court decisions.
- Encouraging collaboration between scientists, researchers, and legal professionals can facilitate the integration of scientific knowledge into the legal system. This interdisciplinary approach can lead to more informed and equitable decisions.
- In complex cases where scientific evidence plays a significant role, courts can appoint independent experts to advise judges and juries. These experts can help interpret scientific evidence and ensure its accuracy and relevance.
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user-452756
No. Lawyers find their experts as they need them. How objective they are reflects on a host of variables and some ae darker than others. -
user-562202
None at the moment. All we have now is that decisions are taken at the judges discretion. -
user-199257
the group of editors should perform the control functions -
user-731405
Maybe peer review is a good idea. -
user-494570
Yes, using a shred of strong scientific evidence makes the courts to have a fair and reliable decision and outcome -
user-975825
Use of triangulation of peer reviewed scientific evidence -
user-374109
A "one strike you're out" policy for expert witnesses who are shown to be intentionally misleading or deceptive in their presentation of scientific evidence. -
user-224385
Seeking help of subspecialized scientists -
user-573085
There is no absolute solution. The following three quotes answer your question better than any purported "solution."
"We like to believe we have the truth, or we have access to the truth. This is a very old dream. We will never have the truth... The best we ever have is a story."
--Barry Lopez
All truth passes through three stages. First, it is ridiculed. Second, it is violently opposed. Third, it is accepted as being self-evident. Louis Agassiz
Whoever undertakes to set himself up as judge in the field of truth and knowledge is shipwrecked by the laughter of the gods. --Einstein
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user-816754
No -
user-707884
There should be scientific panels for each domain with minimum exposure in law and acts. Court can get their opinion whenever there is a need. Also, the panel members has to be selected with out any compromise and they need to be given training and orientation programs in a periodic manner. -
user-741891
Provide enough funding for good assessments. -
user-210238
As stated above, in response to question #1, the outcome may not depend on the quality of the available science. -
user-444118
If time permits, possibly make the equivalent of a "RFP" (a call for proposals) to members of the scientific discipline that is most appropriate for the case. Make the turn around time to respond to the RFP short, and be sure that a panel of experts vet the specific scientists that will be selected to comment on the court proceeding. Ideally, these experts would be paid for their time, so there will be costs associated with doing this. Hopefully, such a system would help to weed out industry "plants", where they get one of their corporate scientists to pose as an independent reviewer. -
user-682045
Yes. It is necessary to establish criteria, created by a scientific and legal commission, leaving aside speculative opinions and pseudo-sciences. -
user-82200
To include scientists in the decision making -
user-151889
The only solution is to not allow judges to be invited to attend conferences where the concept of junk science is the topic of interest. Judges need to be non-partisan. The judges need to have a set of standards or procedures to follow in making a determination of real science versus junk science. Possibly a national effort to review judges rulings by a panel of scientists and lawyers. Currnently, the review process is limited to errors in applying the law. The program would be available for lawyers if they feel the judge has made a mistake in their rulings on scientific facts. -
user-469309
Taking expert opinion -
user-237227
Chat GTP; use of AI algorithms -
user-535602
Yes, as several approaches can help ensure that courts are using the best available science when making decisions as follows:- Expert Witnesses: Courts often rely on expert witnesses to provide scientific information and interpretation of evidence. Ensuring that these witnesses are truly experts in their field and have a solid understanding of the relevant science is crucial. This can be achieved through rigorous vetting processes and possibly certification programs for expert witnesses.
- Judicial Education: Providing judges with education and training in scientific literacy can enhance their ability to evaluate scientific evidence effectively. Programs that offer continuing education on scientific topics relevant to the courtroom can improve judges' understanding and decision-making in cases involving complex scientific issues.
- Court-Appointed Experts: In some cases, courts may benefit from appointing neutral experts to advise on scientific matters. These experts can provide unbiased information and help clarify complex scientific concepts for judges and juries without being aligned with either party in the case.
- Scientific Advisory Committees: Establishing advisory committees comprised of scientists and legal experts can provide courts with guidance on scientific matters. These committees can review scientific evidence, offer expert opinions, and advise judges on the interpretation of complex scientific issues.
- Transparency and Disclosure: Requiring transparency and disclosure of potential conflicts of interest regarding expert witnesses and scientific evidence can help ensure the integrity of the process. Judges and juries should be informed of any financial or personal interests that may influence the presentation of scientific evidence.
- Interdisciplinary Collaboration: Encouraging collaboration between scientists and legal professionals can facilitate the integration of scientific evidence into legal proceedings. Interdisciplinary teams can work together to ensure that scientific information is accurately understood and applied within the legal context.
- Use of Reliable Sources: Courts should prioritize evidence from reputable, peer-reviewed scientific sources when making decisions. Emphasizing the importance of relying on scientifically sound research can help prevent the use of biased or unreliable evidence in legal proceedings.
By implementing these strategies, courts can enhance their ability to use the best available science when making decisions, ultimately promoting the fair and effective administration of justice. -
user-215705
I don't know. -
user-695667
triangulation of opinion using the best information available and keep track of alla decision made to reanalyse results for evaluation purposes -
user-830315
I think experts who are called to testify in court should take a regular exam and psychiatric evaluation -
user-74194
Greater education of lawyers and judges. I believe an effort to rewrite 702 Federal rules of evidence is on the horizon. Ideally, the science community will participate. -
user-463486
Other factors could be considered to ensure the best available science to make these decisions, such as the expertise and qualifications of expert witnesses, the strength of the methodology used, and the consistency of the evidence with established scientific principles. The legal system may also benefit from specialized mechanisms or procedures for evaluating scientific evidence that take into account both its strengths and limitations. -
user-544100
Yes. By establishing a board of court decision scientific councillors. -
user-401246
The case should be reviewed by the expert in that field. Best evidence should be taken into account. -
user-131157
Evidence-based decisions in courts are critical in administering justice. Scientific results in accredited journal can be points of reference for this purpose. -
user-369565
Yes, ensuring that courts have access to independent expert testimony and requiring rigorous scientific evidence through peer-reviewed research can help ensure they are using the best available science when making decisions. -
user-586801
A separate panel containing experts should be appointed. -
user-236807
No courts interface in scientific understanding -
user-113577
Establish governmental groups who vet the rigor and appropriateness of science introduced as evidence - a kind of consulting group that could be used by judges to evaluate. -
user-692996
sure there are many solutions to use science in decision making. -
user-994314
I believe using experts from any designated field in a double blind manner will be the most unbiased way of considering a scientific argument. Besides the courts should also consider removing various counters like "a 99 percent confidence means there is a one percent chance that you are wrong". Any scientific individual will never say 100 percent, doesn't means they are not sure. -
user-155273
Yes, there are various alternatives that can assist guarantee that courts make decisions based on the best available science. This includes:
Increased collaboration between scientists and legal professionals to help integrate scientific findings into legal procedures.
Implementing admissibility rules for scientific evidence, such as those stated in the Daubert or Frye standards, to guarantee a rigorous review of scientific validity.
Encourages the employment of expert witnesses who are knowledgeable about both their scientific subject and the judicial procedure.
Establishing specialized scientific advisory committees or panels to give advise on complicated scientific matters affecting the legal system.
Promoting continual education and training for judges, lawyers and other legal professionals to keep up with advances in scientific research and methodology. -
user-362773
Experts in the field should be consulted on case to case basis. -
user-532952
Yes. Use Scientists who are listed on ResearchGate . Choose them using key words pertaining to the subject in question. They can submit a list of recent publications and prepare a short written summary very quickly to a legal team and explain the answer needed. -
user-398007
Peer-review still remains the best way of evaluating scientific research as evidence in courts. However, individualism in science can greatly differ. Hence, expertise must be drawn across varying demographics to ensure fair inclusion in court proceedings -
user-851905
Engage multiple scientists. -
user-718562
- Expert Testimony: Courts can rely on expert witnesses in the relevant scientific fields to provide accurate and latest information.
- Peer Review: Encouraging scientific evidence to undergo peer review before being presented in court can help ensure its validity and reliability.
- Judicial Education: Providing ongoing education and training for judges and legal professionals on scientific topics can improve their understanding of complex scientific evidence.
- Independent Scientific Panels: Establishing independent panels of scientists to review and evaluate scientific evidence before it is presented in court can offer an unbiased assessment.
- Adherence to Scientific Standards: Courts can adopt guidelines or standards for evaluating scientific evidence, ensuring that only evidence meeting certain criteria is allowed.
- Interdisciplinary Collaboration: Facilitating collaboration between scientists and legal experts can help bridge the gap between scientific knowledge and legal proceedings, leading to more informed decisions.
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user-642158
I have no idea -
user-881169
Ensuring that courts use the best available science when making decisions is a critical issue for maintaining the integrity and fairness of the legal system. Several solutions can help achieve this goal:
1. **Expert Panels and Amicus Briefs**: Courts can rely on panels of independent scientific experts to provide unbiased opinions. Additionally, scientific organizations can submit amicus briefs to offer expert insights on complex scientific matters.
2. **Judicial Education**: Continuous education programs for judges on scientific principles and methodologies can enhance their understanding and ability to critically evaluate scientific evidence.
3. **Daubert Standard**: Strict application of the Daubert standard, which requires that scientific evidence be both relevant and reliable, can help ensure that only high-quality scientific evidence is admitted in court.
4. **Court-Appointed Experts**: Judges can appoint neutral experts to assist in understanding and interpreting scientific evidence. These experts can provide objective analysis, reducing the risk of biased expert testimony from the parties involved.
5. **Science Advisors**: Establishing permanent positions for science advisors in the judiciary can provide ongoing, accessible scientific counsel to judges.
6. **Collaborations with Scientific Institutions**: Courts can collaborate with scientific institutions and universities to gain access to the latest research and expert opinions.
7. **Developing Legal Standards for Scientific Evidence**: Creating and updating legal standards specifically tailored to different fields of science can ensure that the evidence meets the highest scientific standards.
8. **Peer Review of Forensic Methods**: Implementing mandatory peer review and validation of forensic methods used in legal proceedings can enhance the reliability of forensic evidence.
9. **Interdisciplinary Research**: Promoting interdisciplinary research that bridges law and science can lead to better integration of scientific understanding in legal contexts.
By adopting these measures, courts can improve their use of scientific evidence, leading to more informed and accurate judicial decisions. -
user-18157
Establish independent scientific advisory panels for courts, composed of neutral experts, to assist judges with complex scientific matters. -
user-320876
The aim is to involve independent scientists and experts in decision-making and scientific guidance to enhance science-based articles, thereby diminishing the extensive politics prevalent in all areas of medical sciences.