Judges and Science

The February 27, 2006 issue of the Chemical & Engineering News [ www.pubs.acs.org/cen/ ] offers a timely and thorough treatment of the topic of bringing good science into the courtroom. This includes exploring the consequences of having judges be the gatekeepers of the use of  scientific evidence  in courtrooms by virtue of their position to decide in pre-trial hearings what is suitable for presentation to a jury.

The Supreme Court weighed in on this issue in 1993, developing a set of factors to consider in determining scientific reliability of expert testimony.  These factors include whether a theory has been tested and subject to peer review and publication, the known or potential rate of error, whether standards or controls exist and are maintained, and the general degree of acceptance of the methodology in the scientific community. These considerations have been said to have slowed down the growing trend of "junk science" coming into court, especially with regard to civil cases.

A number of resources have been made available to try to maintain fairness and balance in these deliberations. The Federal Judicial Center provides continuing education for judges, including a reference manual on scientific evidence that is currently being updated in collaboration with the National Academy of Sciences. The National Clearinghouse for Science, Technology, & the Law (Stetson Univ) has extended its services to an online resource for providing comprehensive scientific, technical, and legal information aimed to promote justice based on sound science.

Issues pertaining to water rights and groundwater contamination in the western region of the U.S. have led to the organization of an information-sharing group of judges designed to improve the management and outcome of cases involving scientific issues in complex water litigation.  As the degree of uncertainty increases in the determination of probability of risk in ultra-trace (part per billion) groundwater comtamination scenarios, any movement to enhance communication and scientific understanding in connection with these issues is a step toward much needed public benefit in a world of limited resources.