The “lung float” test claims to help determine if a baby was born alive or dead, but many medical examiners say it’s too unreliable. Yet the test is still being used to bring murder charges — and get convictions.
That’s the issue I have with the justice system - it’s much too loose with facts because it’s designed around persuading non experts (and arguably jury selection is designed to reject people with high education or relevant background knowledge). The adversarial process gives each side an equal go at persuasion even if one side doesn’t have a leg to stand on scientifically. The judge isn’t in a position to disallow something that would be considered bullshit to an expert, and any qualified expert is allowed to sell out and present a biased interpretation of facts, even if 99% of their peers would disagree. More often than not, your resources determine whether or not you’re right in the eyes of the law. It’s bullshit.
Edit: if you’re a physician on trial for malpractice, “A jury of your peers” would consist entirely of physicians in your area of practice, as they are the only people with the relevant understanding and background knowledge to evaluate whether your actions followed the standard of care or constitute malpractice. The fact that courts don’t operate this way means that findings of guilt or innocence are basically a popularity/debate contest with a veneer of authenticity.
Agreed. Functionally, the laziness of the US justice system incentivizes quick and easy answers and simple findings of fact. Not much inquiry or investigation going on in your average case.
Additionally, the pool of “experts” consists primarily of people in a field who have already made the choice to sell their services to the highest bidder.
Now, of course, there are experts who jump into a courtroom because they’ve been righteously incensed by the subject matter at hand or want to make sure that facts and scientific conclusions are presented accurately, but in my experience, every medical “expert” I’ve met is a mercenary.
Edit: Your point about peers is a very good one, although I don’t see courts expending resources to incentivize or force actual peers to convene for every malpractice dispute. No matter how much I wish they could.
That’s the issue I have with the justice system - it’s much too loose with facts because it’s designed around persuading non experts (and arguably jury selection is designed to reject people with high education or relevant background knowledge). The adversarial process gives each side an equal go at persuasion even if one side doesn’t have a leg to stand on scientifically. The judge isn’t in a position to disallow something that would be considered bullshit to an expert, and any qualified expert is allowed to sell out and present a biased interpretation of facts, even if 99% of their peers would disagree. More often than not, your resources determine whether or not you’re right in the eyes of the law. It’s bullshit.
Edit: if you’re a physician on trial for malpractice, “A jury of your peers” would consist entirely of physicians in your area of practice, as they are the only people with the relevant understanding and background knowledge to evaluate whether your actions followed the standard of care or constitute malpractice. The fact that courts don’t operate this way means that findings of guilt or innocence are basically a popularity/debate contest with a veneer of authenticity.
Agreed. Functionally, the laziness of the US justice system incentivizes quick and easy answers and simple findings of fact. Not much inquiry or investigation going on in your average case.
Additionally, the pool of “experts” consists primarily of people in a field who have already made the choice to sell their services to the highest bidder.
Now, of course, there are experts who jump into a courtroom because they’ve been righteously incensed by the subject matter at hand or want to make sure that facts and scientific conclusions are presented accurately, but in my experience, every medical “expert” I’ve met is a mercenary.
Edit: Your point about peers is a very good one, although I don’t see courts expending resources to incentivize or force actual peers to convene for every malpractice dispute. No matter how much I wish they could.
Have you met very many of these mercenaries?