Unpublished, unaccepted methods can still reach a jury as confident certainty

Evidence

Well, then, said Schlichtmann, did Braids know of anyone who had ever used this method of dating contamination before? No, Braids wasn’t aware of anyone’s having done it. “In some ways,” said Braids, “I’m doing work at what is called ‘state of the art’ in science. It may be the first time, but I have confidence in what I’ve done.” Was this method accepted by other scientists in the field? “Since it’s newly developing and has not been widely published, I guess I’d have to say it isn’t widely accepted. I’m not sure a lot of people know about it.” — , Harr Jonathan - A Civil Action, 2107

Categorization

• QUESTION: The judge ultimately let this in; what standard did he use, and does it hold up as judicial reasoning?
• XREF: Echoes the Milgrom/private-arbitration material on how institutions substitute for reputation when verification is costly — here the courtroom substitutes for peer review. — connects to: Cross-examination can make true testimony appear false to a jury. — , Harr Jonathan - A Civil Action , 2067; Juries satisfy the form of a verdict without understanding its substance — , Harr Jonathan - A Civil Action , 2398; Selective evidence can mislead juries about the case’s credibility. — Lynley Hood, A City Possessed, 2644 (+2 more)

Broader Connections

• Selective evidence can mislead juries about the case’s credibility. #expands (0.95) — Lynley Hood, A City Possessed, 2644
• Juries satisfy the form of a verdict without understanding its substance #complicates (0.85) — , Harr Jonathan - A Civil Action, 2398
• Juries can apply discretion and equity without creating binding precedent #expands (0.80) — G. Alan Tarr, Judicial Process and Judicial…, 885