Can The Scientific Method Make Or Break Your Criminal Case?
When you are a child, science experiments seem like just another game. The experiments in elementary school where you mix substances together and observe the appearance and physical properties of the results are the most fun parts of science class, certainly more fun than the classroom activities where the only materials are pencil and paper. If you are so old that you got your driver’s license before you got your first email address, then you may have even received a chemistry set as a gift when you were a child. Games can be serious, though, as every competitive player of chess or Dungeons and Dragons knows. Well designed scientific experiments require at least as much strategy and attention to detail as the nerdiest strategy game. Unfortunately, the public tends to look at scientific research either with unquestioning wonder or with dismissiveness. Some people flood their relatives’ email inboxes with news stories about how this or that food ingredient is a panacea or a poison, while others delete them, claiming that, across the board, they don’t believe in scientific research. Published reports of scientific experiments, including but not limited to clinical trials, can be important pieces of evidence in civil and criminal cases, though. To find out more about the role of expert witness testimony and scientific evidence in your criminal case, contact a Pittsburgh criminal defense lawyer.
Pennsylvania Is One of Few Remaining Frye States
Prosecutors and defense lawyers in criminal cases have the right to introduce expert witness testimony to support their cases. Pennsylvania is one of only a few states that still follows the Frye standard, which is based on a 1923 decision by the U.S. Supreme Court. It states that all views expressed by expert witnesses regarding their interpretation of the evidence of the case must be generally accepted among the community of professionals to which the expert witness belongs. For example, a dermatologist must only express professional opinions that are widely accepted by dermatologists.
In the News
It may work to your advantage that Pennsylvania still uses the Frye standard. Most states follow the Daubert standard, where expert witnesses may support their claims with less well-known scientific theories, as long as the studies they cite are transparent about their methodology. The Daubert standard requires judges to read the studies that expert witnesses plan to cite carefully before deciding whether they are admissible. With the Frye standard, there is less nitpicking about the methodology of studies; as every professional scientist knows, most published studies, even the ones that have influenced policy, do not have flawless methodology. You still have the right to know what evidence the prosecution plans to present, including but not limited to expert witness testimony, and to file motions about its admissibility.
Contact Gary E. Gerson About Criminal Defense Cases
A criminal defense lawyer can help you if you are facing criminal charges and you are planning to summon an expert witness. Contact the law offices of Gary E. Gerson in Pittsburgh, Pennsylvania about your case.
Source:
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