Judges, Science and the Law: A Third Century of Constitution-Making

• NCJ Number: 108495
• Author(s): R E Shugrue
• Date Published: 1987
• Length: 0 pages
• Sponsoring Agency: National Institute of Justice (NIJ); US Dept of Justice NIJ Pub
• Sale Source: INFOMEDIX
• Publication Type: Conference Material
• Language: English
• Country: United States of America
• Note: From the Judicial State of the Art Conference, "Presiding in Criminal Court," September 19-23, 1987, Phoenix, AZ. Audio cassette, 70 minutes.

Annotation

Richard Shugrue, professor at the Creighton University Law School, discusses why judges and the courts must be aware of and respond to the knowledge explosion and identifies some of the points of tension between the law and science.

Abstract

Various advances in biological research and practice raise ethical questions that may not be adequately addressed in law, notably in the areas of creating, sustaining, and bringing back life. Electronic developments used in surveillance raise issues concerning privacy invasions. Scientific research has also challenged many assumptions in legal decisionmaking and laws; e.g., research has shown the flaws in eyewitness testimony, the bias in jury decisionmaking, and the unreliability of dangerousness predictions. Technology and scientific knowledge must be taken seriously by the courts. Technology can increase court efficiency, and scientific knowledge can help reduce bias and irrationality in lawmaking and legal decisionmaking. Courts must learn from and experiment with new knowledge and technology based on dialogue with scientists and researchers.