The Need for Scientific Literacy in the Legal Community

• Author: Caitlin Pakosh
• Pages: 1-9

1

A criminal case is not the ideal forum for resolving dif‌f‌icult scientif‌ic

questions. But, if such questions spring from a recognized body of scien-

tif‌ic knowledge that bear [sic] upon the reliability of important pieces of

evidence, whether Crown or Defence, it is no solution to ignore the con-

troversy and shield the jury from dif‌f‌iculties. We do not aid the search for

truth by pretending there is no dispute or depriving the defence of the

opportunity to challenge the reliability of evidence through presentation

of legitimate scientif‌ic evidence.1

— Rosenberg J.A.

Theoretically, science and the law intersect in the courtroom in the pursuit

of truth. This traditional view of truth-seeking, however, is marred by the

limitations and realities of the criminal justice system. Science evolves

rapidly in a community of competing opinions and ever-changing interpreta-

tions. Forensic science—science applied to the legal context—has under-

gone dramatic changes in recent years, owing to widespread support for

an evidence-based approach, an approach grounded in objectivity and ex-

perimentation rather than subjectivity and experience. Law, in contrast to

the open-ended process of scientif‌ic inquiry, embraces f‌inality and seeks

to administer justice in a manner that ensures a trial court’s decision can

be relied upon by those af‌fected by the process. To that end, in the words

1 R. v. B.M, [1998] O.J. No. 4359 at para. 79 (C.A.).

CHAPTER 1

The Need for Scientif‌ic Literacy in

the Legal Community

Caitlin Pakosh