Abstract

http://ssrn.com/abstract=2141395
 


 



The Conceptual Challenge of Expert Evidence


Ronald J. Allen


Northwestern University Law School

2012

Derecho Probatorio Contemporáneo: Prueba Científica y Ténicas Forenses (Contemporary Law of Evidence: Scientific Proof and Forensic Techniques) 215 (2012), republished in English at Discusiones Filosóficas. Año 14 Nº 23, julio – diciembre, 2013.
Northwestern Law & Econ Research Paper No. 12-15

Abstract:     
The relationship between expert knowledge and the form of trials is examined. For the most part, trials are educational events in which the fact finder is expected to comprehend, process, and deliberate on the evidence, and as a result to reach rational conclusions. This process reflects the fundamental importance of factual accuracy at trial, without which rights and obligations are essentially meaningless. Expert evidence often involves a deferential rather than an educational mode of proceeding and to that extent can be in opposition to the normal aspirations of trials. How and why this developed are discussed, as are its consequences. The alternative is advanced that all evidence should be presented in an educational mode if the aspirations of trials are to be realized. If evidence cannot be presented in such a fashion, then the matter to which the evidence is pertinent plausibly cannot be litigated consistent with the normal aspirations of trials.

Number of Pages in PDF File: 28

Keywords: evidence, expert testimony, scientific evidence, epistemology, trials, education, deference

JEL Classification: K4

Accepted Paper Series


Download This Paper

Date posted: September 5, 2012 ; Last revised: April 8, 2014

Suggested Citation

Allen, Ronald J., The Conceptual Challenge of Expert Evidence (2012). Derecho Probatorio Contemporáneo: Prueba Científica y Ténicas Forenses (Contemporary Law of Evidence: Scientific Proof and Forensic Techniques) 215 (2012), republished in English at Discusiones Filosóficas. Año 14 Nº 23, julio – diciembre, 2013.; Northwestern Law & Econ Research Paper No. 12-15. Available at SSRN: http://ssrn.com/abstract=2141395

Contact Information

Ronald Jay Allen (Contact Author)
Northwestern University Law School ( email )
375 E. Chicago Ave
Unit 1505
Chicago, IL 60611
United States
312-503-8372 (Phone)
312-503-2035 (Fax)

Feedback to SSRN


Paper statistics
Abstract Views: 384
Downloads: 98
Download Rank: 157,404

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo8 in 0.297 seconds