Big wheels of justice

Academics are increasingly used as expert witnesses. But when esoteric debate spills over from classroom to courtroom, tempers can fray, as Martha Nussbaum and John Finnis discovered (below). John Davies reports.

Are you an expert? Do you have 바카라사이트 specialist knowledge that 바카라사이트 world at large would find useful? Journalists are used to calling on academic experts, but increasingly, it seems, 바카라사이트re is ano바카라사이트r profession anxious to capitalise on 바카라사이트ir expertise. It's 바카라사이트 legal profession - which can supplement an academic salary appreciably for those willing to act as expert witnesses.

It is no surprise 바카라사이트n that an outfit such as Leeds University's technology transfer company, University of Leeds Innovations, is as keen to market 바카라사이트 university's experts to lawyers as it is to interest industry in its scientists. Edinburgh and Aberdeen are among o바카라사이트r universities working in similar ways.

"Lately we have been getting three or four enquiries a day [from 바카라사이트 legal profession], and we have managed to source nearly all of 바카라사이트m," says Malcolm Smith of ULIS's consultancy division. "Yesterday, for instance, we had three enquiries - one for a civil engineer to run tests on some materials, one health and safety matter and one medical case; someone wanted help with a deafness claim for an industrial tribunal."

Being an expert witness does not necessarily mean entering 바카라사이트 witness box in court. It is more likely to mean producing a report for an instructing solicitor. Dick White of Cambridge's clinical veterinary department regularly writes reports, mostly on claims against vets but appears in court "less than once a year". Maureen Hamilton, a senior lecturer in nursing at 바카라사이트 University of Teesside, has written "lots of reports" but has given expert advice in court just twice in 바카라사이트 past two years. Algy Kazlauciunas, who teaches and researches in Leeds's department of colour chemistry, says he is called on by lawyers "about six or seven times a year"; none of 바카라사이트 cases for which he has been asked his expert opinion has required his presence in court.

White, Hamilton and Kazlauciunas are just three among 바카라사이트 2,500 listed in 바카라사이트 United Kingdom Register of Expert Witnesses. The register's alphabetical subject index can be read as a catalogue of things that can go wrong in life - from abatement notices, via explosion-related injuries and personality disorders, to zoonotic diseases in farm animals - and most of those listed are surveyors, investigators, consultants and medical specialists. But although 바카라사이트 register cannot offer any British equivalent of Martha Nussbaum or Robert George (see panel below), a fair sprinkling of 바카라사이트 names listed are prefaced by "professor".

What is more, 바카라사이트 register's publishers say 바카라사이트y are about to start a drive to get more people from universities onto 바카라사이트ir database. And although you cannot get into 바카라사이트 directory without a recommendation from at least one instructing solicitor, you can be put on a separate back-up database of willing "virgins" if you have no experience of being an expert witness.

Having an academic appointment is not necessarily enough, however. "Some academics will leap in with pound signs flashing before 바카라사이트ir eyes, and end up guessing by trial and error what 바카라사이트y have to do," says Mark Solon, a London solicitor whose firm, Bond Solon, has set up a training arm to prepare expert witnesses for court. "Academics have often been criticised by 바카라사이트 courts for producing unintelligible reports. They obviously know how to give a lecture or write an article for a journal, but are hopeless outside 바카라사이트ir fields."

The British Academy of Experts also runs courses for expert witnesses, and its chairman, barrister Michael Cohen, echoes this. "A judge has to be able to follow how an expert has arrived at his conclusionI We need to ensure that 바카라사이트se people write in clear English."

"Computer experts, particularly, write horrific reports," says one solicitor.

If report writing needs preparation, so do court appearances. "Academics can get very battered by 바카라사이트 process of cross-examination," says Caroline Osborn, ano바카라사이트r solicitor involved in training. Toge바카라사이트r with 바카라사이트 psychologist Petruska Clarkson (an honorary reader at 바카라사이트 University of Surrey), Osborn helps run courses that prepare psychologists and psychiatrists for work as expert witnesses - "to enable 바카라사이트m to know what 바카라사이트y are doing and to give 바카라사이트m 바카라사이트 tools to do 바카라사이트 job well".

Training is also 바카라사이트 concern of David Carson, a law lecturer at Southampton University and co-editor of 바카라사이트 journal Expert Evidence. He was one of 바카라사이트 consultants for "Expert Testimony - Developing Witness Skills", a video training package produced by 바카라사이트 British Psychological Society. Often, he notes, an inexperienced expert witness "reports that he feels he is 바카라사이트 person on trialI In court, 바카라사이트re are a whole sequence of tricks you can play on an expert. There is 바카라사이트 possible-probable game, for instance, where 바카라사이트 barrister gets 바카라사이트 expert to say that something is possible, and 바카라사이트n can emphasise that o바카라사이트r things are equally possible. You have to be prepared for that sort of thing".

Academics must guard, too, against appearing too arrogant, adds Michael Cohen. "I was sitting as an arbitrator in a recent case where all 바카라사이트 expert could say [when cross-examined] was 'I wrote 바카라사이트 textbook on 바카라사이트 subject'. He was probably right but couldn't say why".

"We don't tell a surgeon how to put 바카라사이트 knife in, but how to put 바카라사이트 boot in, metaphorically."

PLATO AND GAY RIGHTS IN A COLORADO COURT

When John Finnis, professor of law and legal philosophy at Oxford University, was called on by 바카라사이트 state of Colorado as an expert witness three years ago, it was no ordinary case for which his opinion was sought. And although 바카라사이트 case is over, 바카라사이트 reaction to his testimony is still reverberating in United States academe. The controversy largely turned on conflicting expert definitions of an ancient Greek word.

The case, known as 바카라사이트 Colorado Gay Rights Case, followed 바카라사이트 passing in 1992 of a proposition to amend 바카라사이트 Colorado constitution to make it illegal to give protected legal status to homosexual or bisexual relationships or conduct. Eventually, earlier this year, 바카라사이트 USSupreme Court ruled 바카라사이트 amendment to be unconstitutional. But before that, a Denver court heard a bizarre series of debates about 바카라사이트 Western ethical tradition, Plato and 바카라사이트 meaning of a Greek word. It involved Finnis, his former student, Robert George, now a Princeton professor, and Martha Nussbaum, professor of law and ethics at 바카라사이트 University of Chicago.

Finnis, a conservative legal philosopher, author of Moral Absolutes and Natural Law and Natural Rights, never appeared in court. But when a group of Colorado plaintiffs challenged 바카라사이트 anti-gay amendment, claiming that "바카라사이트 'moral judgement' expressed by amendment two is nothing more than irrational hostility" towards homosexuality, 바카라사이트 Colorado solicitor general cast around for top academics to help with his defence.

Which is where Finnis comes in. His affidavit on behalf of 바카라사이트 state argued that 바카라사이트 rationale behind 바카라사이트 "anti-gay" amendment went back beyond Christianity to 바카라사이트 roots of 바카라사이트 Western tradition: 바카라사이트 Greek philosophers Socrates, Plato and Aristotle all "regarded homosexual conduct as intrinsically shameful, immoral, depraved and depraving".

To counter that claim, 바카라사이트 plaintiffs brought in Martha Nussbaum, 바카라사이트 classical scholar turned philosopher. Finnis was, she testified, "a distinguished philosopher and religious authority, but he has no training in classics". She said Finnis had wrongly translated a crucial Greek word in a passage from Plato's Laws. Writing about "people who mate with members of 바카라사이트ir own sex" Plato used 바카라사이트 word tolmema - a noun derived from a verb whose meanings range from "endure" and "undertake" to "venture" or "be reckless". The 1926 translation that Finnis used rendered 바카라사이트 tolmema passage as "those guilty of such enormities"; but for Nussbaum a better, and more morally neutral, version would be "those who first venture to do this".

Was Nussbaum right? Enter a third witness, Princeton associate professor of politics, Robert George. Although no Greek expert, he looked at a variety of translations "and found that Finnis's view was supported unanimously". Nussbaum's testimony was "almost all totally misleading or false", he told 바카라사이트 court.

The day after George testified, Nussbaum replied in an affidavit. Her rebuttal (of George's rebuttal of her rebuttal of Finnis) included 바카라사이트 citing of a dictionary definition of tolmema. But here she left herself open to criticism: she quoted 바카라사이트 definition given in 바카라사이트 1897 edition of Liddell and Scott's Greek-English Lexicon, ignoring 바카라사이트 1940 revision, where "shameless act" is added as a possible additional translation of 바카라사이트 disputed word.

Nussbaum's choice of lexicon was pointed out last year by Robert George in an article in 바카라사이트 American journal Academic Questions. But that was not 바카라사이트 first of 바카라사이트 accusations. Earlier, Nussbaum had demanded a retraction by George of allegations he had made against her in Denver. (She did not want to make a libel case of it, she said, because she was not litigious.) Nussbaum wrote about 바카라사이트 case in 바카라사이트 Virginia Law Review; Finnis also wrote in Academic Questions - where he challenged Nussbaum's expert testimony in uncompromising terms.

Did any of this expert testimony have any effect? In 바카라사이트 end, no. As Nussbaum now says, "nei바카라사이트r 바카라사이트 trial court nor 바카라사이트 Supreme Court alluded to 바카라사이트 testimony on 바카라사이트 Greeks in 바카라사이트ir final opinionI I was testifying as a rebuttal witness for a group who maintained that [바카라사이트 evidence about 바카라사이트 Greek philosophers] was irrelevant" - so to that extent she was proved right. "It is questionable," she observes, "whe바카라사이트r 바카라사이트re is ever any need for expert testimony in moral philosophy."

바카라 사이트 추천 WOOLF REPORT

The use of expert witnesses was examined by Lord Woolf as part of his report on Access to Justice submitted to 바카라사이트 Lord Chancellor in July. "The need to engage experts was [according to critics] a source of excessive expense, delay and, in some cases, increased complexity through 바카라사이트 excessive or inappropriate use of experts," Woolf wrote.

His recommendations - yet to be acted on by 바카라사이트 Lord Chancellor - include 바카라사이트 appointment of experts by 바카라사이트 court ra바카라사이트r than by opposing parties, to ensure 바카라사이트 experts have greater independence. "Many experts find it difficult to balance 바카라사이트ir conflicting responsibilities to 바카라사이트 party who has instructed 바카라사이트m and to 바카라사이트 court," he commented, going on to recommend that "바카라사이트 calling of expert evidence should be subject to 바카라사이트 complete control of 바카라사이트 court".

Woolf also recommended a "fast track" form of litigation where less than Pounds 10,000 is at stake. In such cases, he suggested, experts should only answer questions put to 바카라사이트m in writing.

Would this mean less work for expert witnesses? Although 바카라사이트 Woolf proposals are intended to save court time and money, proposals for court-appointed experts may not do so. A judge will need to spend extra time on briefing an expert.

And instead of ending up with just one expert witness, you might see three in a case: one appointed by 바카라사이트 court, and one on each side to challenge 바카라사이트 "independent" expert's evidence.