Scientific Truth and the Courts

As a nonscientist, I am not qualified to question The New York Times' editorial conclusion that there is no association between spermicides and birth defects (The Scientist, January 26, 1987. P. 13). But I do question its conclusion that "both law and science seek after truth." Until all those involved in the resolution of problems such as in Wells v. Ortho recognize that law does not necessarily seek truth—except in some very long-range, societal sense not relevant to the short-term needs

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Our legal process seeks to make it possible for people to live together on this planet in harmony. It does so by taking into account a great number of different and sometimes conflicting concerns, of which truth is only one. Often the process actually excludes important evidence in order to achieve the desired result, which it characterizes as "justice," "fairness" or "equity"—not "truth." Whether or not the Miranda rule is modified as result of the current attack on it, all are agreed that a court may not consider even the most important evidence such as a confession if it has been obtained through police brutality or other misconduct such as entrapment. Similarly, confidential communications between a client and his attorney are privileged from disclosure in court no matter how relevant, and a statute of frauds rejects evidence not in proper written form.

For the most part, our legal process achieves ...

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