July 22, 2005

Justice Is Fallible

It always surprises me how much confidence people place on the verdicts of the courts.

The justice system is a human construct and so subject to error, both of fact and reason.

Professor David Taylor is spot on in his letter to the Telegraph regarding so-called expert witnesses:

Sir - Judge Thorpe (letter, July 20) recognises the failure of the way that expert witnesses are treated in this country, but not the cause of the failure.

The fault lies not with insufficient expertise on the part of the witness, but in the fact that even the best experts can be wrong. I very much doubt if Prof Roy Meadow would have failed Judge Thorpe's tests.

The answer is that expert witnesses must be treated like any others, and be subject to challenge. It is true that this can lead to undesirable contests, but even so, this is preferable to the present system.

Prof David Taylor, Scarborough, N. Yorks

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