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A lot of these problems come from deference to experts who wear the hat of science. For instance, https://en.wikipedia.org/wiki/R_v_Adams https://en.wikipedia.o
by tinalumfoil 4y ago
A lot of these problems come from deference to experts who wear the hat of science. For instance, https://en.wikipedia.org/wiki/R_v_Adams https://en.wikipedia.org/wiki/R_v_Adams a man was convicted because an expert said the DNA gave 1 in 200 million chance of incorrect match (or something similar), which is incorrect. I don't remember enough details to look it up, but I recall a US case where the prosecution repeatedly used an expert with a history of lying on stand and of course people wrongly spent time in jail for that.
I think a bigger issue here, at least in the US, is prosecutions seems to have a really easy time finding experts, often on the same payroll as the prosecution, who say the things needed to get a conviction and jurors are encouraged to blindly trust that.
- vkou 4y agoThat's the whole point of the adversarial system. The prosecution finds experts that state one opinion, the defense finds experts that say a contrary opinion, the juries pick out whose opinions they want to believe. That's the whole point of expert witnesses - they are the only witnesses in the courtroom who are there for their opinions. The problem is that one side of this equation has a cottage industry of well-funded experts to pick from, but there isn't a cottage industry of well-funded 'bullshit debunkers' to work for the defense.
- eesmith 4y agoThat's incomplete, to some extent. The Daubert standard says the judge is a gatekeeper who can rule that a given expert's opinion will not be presented to the jury unless the expert's opinions are relevant, reliable, and based in scientific knowledge. https://en.wikipedia.org/wiki/Daubert_standard https://en.wikipedia.org/wiki/Daubert_standard
- tinalumfoil 4y agoIt's more than that. The judge usually has a good relationship with the prosecution, and the judge is deciding on what the jury is allowed to see and what expert witnesses are allowed to testify as expert witnesses.
- sobkas 4y ago>the defense finds experts defense finds nothing because it's a public lawyer and he barely can afford paper for photocopier, so no highly paid experts for you if you are poor