NCJ Number
11673
Journal
Journal of Forensic Science Volume: 18 Issue: 3 Dated: (JULY 1973) Pages: 173-177
Date Published
1973
Length
5 pages
Annotation
THEORETICAL DISCUSSION OF DEFINITIONAL DIFFERENCES, INDICATING THE NECESSITY (FOR PROCEDURAL CHALLENGE OF) SCIENTIFIC EVIDENCE IN LEGAL DECISION MAKING.
Abstract
THE AUTHOR POINTS OUT THAT 'SCIENTIFIC TRUTH' AND 'LEGAL TRUTH' ARE COLORED BY DIFFERENT CRITERIA AND HAVE DIFFERENT DEFINITIONS. HE DISTINGUISHES BETWEEN 'SCIENTIFIC TRUTH' AS EXPRESSED IN SCIENTIFIC FINDINGS AND OPINIONS, AND 'LEGAL TRUTH' WHICH IS SCIENTIFIC FINDING AND OPINION APPLIED TO A LEGAL ISSUE FOR A LEGAL END. DEFINITIONAL CRITERIA DEPEND UPON THE SPECIFIC LEGAL ISSUE AND OBJECTIVE. SINCE THE ADVERSARY SYSTEM WAS DEVELOPED AS A TRIAL PROCEDURE AND TECHNIQUE FOR CHALLENGING THE VALIDITY OF DATA ABOUT WHICH THERE COULD BE DISAGREEMENT, 'LEGAL TRUTH' IS BEST EXPOSED THROUGH THIS PROCESS.