St. John's Law Review

Idealized Images of Science in Law: The Expert Witness in Trial Movies

By David S. Caudill

After acknowledging the existing discourse concerning the reputation of lawyers in trial movies, and the reputation of scientists in science fiction films, this study introduces the thesis that the representation of science and scientists in trial movies is consistent with the idealized image of science in law generally.  The author identifies the study of the images of science in trial movies as a point of intersection between science-and-literature studies and the law-and-literature movement--the parallels between these two sub-disciplines is striking.  Using examples from recent trial movies, the author shows that the image of the biased expert, as well as the image of the expert as a stabilizer of legal controversies, both reflect the idealization of science in law.  Trial movies, that is, often deliver a message that when science is disinterested and untainted by lawyers, the apparent problems associated with advocacy and rhetoric can be overcome. Some lawyer films, on the other hand, represent science and scientists more modestly.  The author concludes that there are adverse consequences, for litigation involving experts, from idealized and unrealistic images of science and scientists in cinema.