Source Publication Abbreviation
Temp. L. Rev.
In this article, I argue that the new focus on the risks of spurious "expertise" compels attention to the problem of juror expertise. 24 Specialized knowledge poses the same risks to the truth-seeking objectives of trial whether it enters the decision-making process through expert testimony or through the back door of juror background knowledge. In fact, the risks to accuracy may be less when expertise is offered by a witness than when it is introduced by a juror, because the witness will be subject to cross-examination and rebuttal. Flawed expertise brought to the case by a juror is not subject to cross-examination or rebuttal, and in most cases is entirely hidden from view. It thus poses special risks in criminal cases-even beyond the threat to accuracy-because of criminal defendants' constitutional rights to be confronted with and to confront the evidence against them.
Kirgis, Paul F., "The Problem of the Expert Juror." (2002). Faculty Law Review Articles. 122.