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'The Law Must Respond When Science Changes'
The clash between law's need for finality and science's evolving nature is creating serious justice problems, an opinion piece on Scientific American argued on Monday. Two recent cases highlight this: Robert Roberson faces execution based on now-discredited shaken baby syndrome science, while the Me...
The clash between law's need for finality and science's evolving nature is creating serious justice problems, an opinion piece on Scientific American argued on Monday. Two recent cases highlight this: Robert Roberson faces execution based on now-discredited shaken baby syndrome science, while the Menendez brothers' life sentences are being questioned due to improved understanding of childhood trauma's effects on violence. The legal system fails in two critical ways, the story argues: Judges don't properly screen out bad science despite their "gatekeeper" role established in Daubert v. Merrell Dow, and courts resist reopening cases when scientific understanding changes.
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