When Experiences Turn Into Expertise

When a B-list actress becomes an authority on science, and thousands of parents decide not to vaccinate their children based on her contention that it causes autism, it might make an attorney question whether they really need to bring a qualified expert to the courtroom.  We have been observing more and more often that certain jurors are willing to substitute their own personal experience and the opinions of anyone with a Twitter account for science. 

This phenomenon is not limited to the vaccine issue.  According to a recent study from Pew Research, there is a wide gap between scientists’ perceptions and public perceptions about various scientific topics, ranging from genetically modified foods to evolution. 

In an era of instant access to almost unlimited information, people often believe that with a little research they can become “experts” and substitute their own judgment for that of the true experts – a dynamic we believe filters into the courtroom.

We frequently see jurors – during both focus groups and real court cases – use their own experiences and knowledge to call into doubt what expert witnesses tell them.  For example, many jurors insist a C-section is a “quick and easy” way to prevent a birth injury, despite evidence of the substantial risks of this surgery.  Similarly, we frequently see jurors opine about possible contributing factors to an illness or medical event that experts for both sides agree are totally irrelevant.

The good news is that despite the public’s misconceptions, they remain responsive to science.  Not only does the Pew study show the public holds science in high regard, but science-based arguments (involving data or detailed explanations of causation) during our focus groups typically resonate widely – especially among men. 

The catch is the arguments have to be communicated in a clear and concise way so they don’t go above jurors’ heads.  We believe it’s crucial to make sure your expert witnesses understand the importance of using layman’s terms and analogies to ensure jurors have a clear understanding of the science.

You can overcome jurors’ preconceived medical notions by using hard facts, data and clear explanations.  If you want to explore how to incorporate science more successfully into your case, please contact Senior Vice President Claire Luna at cluna@juryimpact.net or 714.754.1010.