“Don’t Know Much . . .”: A Conversation with Justice Goodwin Liu About Courts’ Use, and Misuse, of Science

Learn how science is used - and misused - in legal decision-making with host David Faigman. Hear compelling discussions with special guests, and share your own insights on topics such as forensics, neuroscience, and climate change.

In 2009, the National Academies of Sciences, Engineering, and Medicine called for a critical review and overhaul of the nation’s forensic science system, citing a dearth of rigorous scientific training, protocols, and peer-reviewed research. In response, the Obama administration established the National Commission on Forensic Science in 2013. (However, a similar critique issued by the President’s Council of Advisors on Science and Technology was dismissed by then Attorney General Loretta Lynch.) On April 10, 2017, Attorney General Jeff Sessions shut down this independent commission, returning control to law enforcement.

Science plays an increasingly important role in the courts, from claims over patent rights to constitutional claims of fundamental rights, including such landmark decisions as Brown vs. Board of Education and Roe vs. Wade. Scientific evidence is pervasive in civil cases, and in criminal cases, scientifically questionable forensic methods have led to wrongful convictions. Yet lawyers and judges receive little to no training in basic research methods and statistics.

Join California Supreme Court Justice Goodwin Liu and host David Faigman in a wide-ranging conversation about the use, and misuse, of scientific research in legal decision making.

Part of "After Dark" (6:00 - 10:00)