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Story
October 16, 1888
The Cheyenne Daily Leader
Cheyenne, Laramie County, Wyoming
What is this article about?
Professor Frank W. Clarke critiques the partisan role of expert witnesses in courtrooms, arguing that they serve one side rather than presenting unbiased facts, especially in civil cases, while noting better impartiality in criminal proceedings but risks of incompetence.
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OCR Quality
98%
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Full Text
"Experts" in the Court Room.
Under the present usage the expert bears witness for one side against the other; whereas the truth being 'neither black nor white, but gray,' may stand in the middle of the disputed territory. The science of the court room is litigious, not judicial; and no place is found for the unbiased presentation of fact, regardless of its bearing upon the personal interest at stake, and with fair credit given to genuine doubts and uncertainties. To the scientific partisan the court room doors are wide open; to the scientific jurist they are practically closed, for no one wants his services. In criminal cases, perhaps, a better showing may be made; for here we have an impersonal state seeking to do exact justice, and its experts have no private end to gratify. If, however, they are incompetent, the criminal, perhaps a poisoner, may escape punishment, and glaring cases of this kind are on record. - Professor Frank W. Clarke in Popular Science Monthly.
Under the present usage the expert bears witness for one side against the other; whereas the truth being 'neither black nor white, but gray,' may stand in the middle of the disputed territory. The science of the court room is litigious, not judicial; and no place is found for the unbiased presentation of fact, regardless of its bearing upon the personal interest at stake, and with fair credit given to genuine doubts and uncertainties. To the scientific partisan the court room doors are wide open; to the scientific jurist they are practically closed, for no one wants his services. In criminal cases, perhaps, a better showing may be made; for here we have an impersonal state seeking to do exact justice, and its experts have no private end to gratify. If, however, they are incompetent, the criminal, perhaps a poisoner, may escape punishment, and glaring cases of this kind are on record. - Professor Frank W. Clarke in Popular Science Monthly.
What sub-type of article is it?
Legal Commentary
Opinion Piece
What themes does it cover?
Justice
Deception
Moral Virtue
What keywords are associated?
Expert Witness
Courtroom
Partisan Expert
Judicial Science
Criminal Justice
What entities or persons were involved?
Professor Frank W. Clarke
Where did it happen?
Court Room
Story Details
Key Persons
Professor Frank W. Clarke
Location
Court Room
Story Details
Critique of expert witnesses as partisan in civil cases, advocating for impartial scientific jurists; notes better in criminal cases but risks from incompetence allowing criminals like poisoners to escape.