Using Scientists As Courtroom Witnesses: System Needs Improvement

Scientific issues now permeate a multitude of legal matters--the presentation of criminal evidence, cases involving intellectual property, environmental disputes, and so on. And, by all accounts, the courts are handling this surge of scientific adjudication poorly: Mishandling of scientific matters in court has been blamed for outrageous tort awards, improper criminal convictions, and even the erosion of the United States' competitiveness. In my view, the legal system's inability to properly

Written byDan Burk
| 7 min read

Register for free to listen to this article
Listen with Speechify
0:00
7:00
Share

In my view, the legal system's inability to properly manage scientific disputes stems in part from the problem of competition within the legal field--and the presence of scientists who, in this adversarial environment, trade the values of science for those of law.

Lawyers, who dwell--and properly so--in an adversarial realm, are governed by written rules of professional conduct that require them to show loyalty to their clients, protect their clients' interests, and act as zealous advocates on their clients' behalf. These rules are suited to their profession. Scientists, on the other hand, have no written rules of professional conduct. But the scientific community appears to have developed strong unwritten professional rules--based on norms of intellectual objectivity--that are different from those governing lawyers. The differing rules properly reflect the differing goals of each discipline.

The goal of law is to resolve disputes among citizens peacefully, whereas science's overriding goal is to ...

Interested in reading more?

Become a Member of

The Scientist Logo
Receive full access to digital editions of The Scientist, as well as TS Digest, feature stories, more than 35 years of archives, and much more!
Already a member? Login Here

Meet the Author

Published In

Share
Image of a man in a laboratory looking frustrated with his failed experiment.
February 2026

A Stubborn Gene, a Failed Experiment, and a New Path

When experiments refuse to cooperate, you try again and again. For Rafael Najmanovich, the setbacks ultimately pushed him in a new direction.

View this Issue
Human-Relevant In Vitro Models Enable Predictive Drug Discovery

Advancing Drug Discovery with Complex Human In Vitro Models

Stemcell Technologies
Redefining Immunology Through Advanced Technologies

Redefining Immunology Through Advanced Technologies

Ensuring Regulatory Compliance in AAV Manufacturing with Analytical Ultracentrifugation

Ensuring Regulatory Compliance in AAV Manufacturing with Analytical Ultracentrifugation

Beckman Coulter logo
Conceptual multicolored vector image of cancer research, depicting various biomedical approaches to cancer therapy

Maximizing Cancer Research Model Systems

bioxcell

Products

Sino Biological Logo

Sino Biological Pioneers Life Sciences Innovation with High-Quality Bioreagents on Inside Business Today with Bill and Guiliana Rancic

Sino Biological Logo

Sino Biological Expands Research Reagent Portfolio to Support Global Nipah Virus Vaccine and Diagnostic Development

Beckman Coulter

Beckman Coulter Life Sciences Partners with Automata to Accelerate AI-Ready Laboratory Automation

Refeyn logo

Refeyn named in the Sunday Times 100 Tech list of the UK’s fastest-growing technology companies