Blind Expertise and the Problem of Scientific Evidence

Abstract

Scientific evidence presents a problem for the courts: the subject-matter is often complex; the experts who present the evidence can be cherry picked and biased; and judges and juries are frequently unsure about how to weigh the evidence once it has been presented. This article diagnoses the problems associated with scientific evidence and then proceeds to consider two possible solutions to those problems: (1) the reliability test solution; and (2) the blind expertise solution. The former is currently favoured by law reform agencies in Ireland and England, but the primary focus of this article is on the latter. It is concluded that the blind expertise solution has considerable attractions and should be seriously considered as a reform option.