CHAPTER 1:
Science Defined
What is, and what is not, science is not something studied in most law school classes. However, its essential knowledge for criminal defense lawyers.
- Science is...?
- Criteria for scientific authorities
Here is a question that has stumped many self-proclaimed experts: What is science?
I recall feeling shocked watching a government toxicologist who had tested my client’s blood struggle to answer this question. Seeing an “expert” unable to articulate what is basic scientific knowledge during a Daubert hearing is truly revealing.
However, this inability to answer the most basic question about the definition of science is a symptom of a larger problem. That is, determining what extent, if any, a given forensic opinion in a criminal case is based on actual science.
The National Academy of Sciences (NAS), is perhaps the most respetcted scientific authority in the world. According to the NAS, science is:
The use of evidence to construct testable explanations and predictions of natural phenomena, as well as the knowledge generated through this process.
An important takeaway:
The above definition points out that science requires that knowledge must be generated through a “process.” Accordingly, the next question is what process?
Chapter 2: The Scientific Method
The "process" that determines whether something is science or not is called the scienctific method.