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July 2005, Vol 95, No. S1 | American Journal of Public Health S137-S143
© 2005 American Public Health Association
DOI: 10.2105/AJPH.2004.044677

PUBLIC HEALTH MATTERS

Expert Evidence, the Adversary System, and the Jury

Neil Vidmar, PhD

The author is with Duke Law School and the Psychology Department, Duke University, Durham, NC.

Correspondence: Requests for reprints should be sent to Neil Vidmar, PhD, Duke Law School, Science and Towerview Drives, Durham, NC 27708 (e-mail: vidmar{at}law.duke.edu).

Many assertions have been made about the competence of juries in dealing with expert evidence. I review the types of expert evidence that jurors hear and the impact of adversary legal procedure on the form and manner in which evidence is presented.

Empirical research indicates that jurors understand the adversary process, that they do not automatically defer to the opinions of experts, and that their verdicts appear to be generally consistent with external criteria of performance. Conflicts between the American adversary system and changes in trial procedures that might assist the jury in its task are also considered here.




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