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The issue is broader than forensic evidence. It affects "expert" and
especially "government" testimony of all kinds. (See "testilying".)
Even if parties seek "outside" experts there will always be a tendency
for selection of those "experts" who have developed a bias in favor of
the position of each party, either prosecution or defense. The only
solution anyone seems to have come up with is to allow comparable
"experts" for both sides to examine the same evidence, which means that
the government is probably going to have to pay opposing experts
because in most criminal and many civil cases the nongovernmental party
probably won't be able to afford them. As an occasional "expert" witness myself (computer expert, paid, and legal historian, unpaid), I have seen the process from the inside, and can paraphrase Bismarck, "Laws (and court decisions) are like sausages, it is better not to see them being made." There is a reason why so many people cop a plea to crimes they didn't commit. -- Jon ------------------------------------------------------------------- Constitution Society 2900 W Anderson Ln C-200-322, Austin, TX 78757 512/299-5001 www.constitution.org [EMAIL PROTECTED] ------------------------------------------------------------------- |
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