Emerging Areas of Science, Engineering, and Medicine for the Courts: A Workshop to Identify Chapters for a Fourth Edition of The Reference Manual on Scientific Evidence

National Academy Of Sciences, Washington DC

Investigators

Abstract

The Reference Manual on Scientific Evidence is a primary reference source for federal judges on questions of science in litigation. It is used not only by federal judges, but by state judges, attorneys, legal scholars, and law students. Its utility and widespread use is the result of the fair and balanced presentation it provides of fundamental principles of scientific methodology in areas likely to arise in expert testimony. Nine years have passed since the publication of the last (third) edition of the Reference Manual, and many of the chapters need updating to account for recent developments in science and law. For example, chapters on forensic science and DNA identification need updating to take into account new genetic testing techniques and methodologies, the chapter on neuroscience must take account of new approaches for detecting neural activity. A new edition will also need to address areas of science that have become important in litigation in recent years, e.g., computer software; prediction of dangerous behavior/genetic foundations of individual behavior; eyewitness identification; and climate change. The Committee on Science, Technology, and Law of the National Academies of Sciences, Engineering, and Medicine, in collaboration with the Federal Judicial Center – the research and education agency of the judicial branch of the U.S. government – have agreed to pursue the development of a fourth edition of the Reference Manual and will convene a workshop to review the contents of the third edition and identify areas of science and technology that may be candidates for new or updated chapters in a new edition. A planning committee of 6-8 members equally divided between the legal and scientific/engineering/medical communities will be convened to plan the two-day virtual workshop. Working via conference calls, staff and the committee will define the workshop agenda, format, and topics and identify speakers. A rapporteur-authored proceedings in brief for the workshop will be issued to provide information that will be useful in the development of a fourth edition of the Reference Manual on Scientific Evidence. The workshop will advance the proper use and evaluation of scientific evidence in court by assisting judges in understanding scientific and technical information, thereby strengthening their understanding of the complex information that may be at issue in such disputes and their ability to engage in an informed conversation with lawyers, officers of the court, court-appointed experts, and others who seek to inform the court regarding relevant scientific and technical information. Making the best use of available evidence helps the judiciary ensure that all people are treated justly in the courts. This award reflects NSF's statutory mission and has been deemed worthy of support through evaluation using the Foundation's intellectual merit and broader impacts review criteria.