Law and forensic science
Same stadium – different rules
I’ve never seen a lawyers submissions going anything like this;
“I submit he’s guilty as data supports that defendants are more likely guilty than innocent”
There is statistical support, but it's hardly anything like valid evidence.
Should a legal practitioner ever utter such words, the court would at best find it highly prejudicial and entirely speculative (and no doubt laughable).
In 2024, the courts on a daily basis hear and accept oral scientific expert testimony spoken just like this;
“In my opinion this large amount of DNA is more likely a result of direct transfer which is supported by data”.
Would the average juror think this means the expert with 20 years experience is validly evidencing that the defendant more likely touched the victim?
Whilst unsupported statements along these lines are highly prejudicial and speculative, they often don’t raise an eyebrow in the courtroom, and sadly convince jurors along the way.
The powerful persuasiveness in these speculations’ rests in their inherent plausibility, particularly for those with a starting knowledge of basic DNA transfer.
International Scientific guidelines recommend against such speculations in court, however there is currently no mechanism to stop the practice.
One of the substantial risks is that these somewhat routine statements are typically not divulged by prosecution in advance of trial.
Dealing with the issue relies crucially on careful expert reporting in advance of trial, which in my experience either results in concession, or failing that, provides for written opinion and appropriately cited material to challenge the speculation if it's made at trial.
Associate Professor in Periodontology/ Head of Research, College of Dentistry, KSAU-HS
1moIt was truly our pleasure to have you with us. Your presence made a real impact on the event! We look forward to future collaborations and learning opportunities..