Practical Ethics for the Expert Witness in Ergonomics and Human Factors Forensic Cases
This chapter describes how many texts concerning the intersection of law and applied disciplines address ethical concerns in passing or do not address them at all. Ethical concerns are like skin, skin is our larges organ and the one that interacts with the world around us. However, it is simply overlooked until something goes wrong – and so it with ethics. If ethical concerns are unaddressed, they will surely emerge during forensic consultation and often with potentially disastrous results. The objective of this chapter is to alert the reader to some concerns which, if addressed appropriately, lead to the immense satisfaction of doing a job professionally and also serving society. The chapter will address the ethical questions that face the expert at the beginning of a case, followed by some questions that might arise during the data gathering and consultation state, and the chapter concludes with questions that arise during the concluding stage.
Why We Withdrew from Our First Forensics Case
Work in the field of forensic human factors and biomechanics can be extremely difficult, especially for new professionals working on their first case. As such, it is not uncommon for new experts to take any case that they are retained on, regardless of the feasibility of the requests made of them. It is important, however, to maintain scientific and intellectual integrity on such cases, not only to establish a positive professional reputation but to ensure that future work in the field remains feasible. This paper addresses three central factors for withdrawal considerations (case facts, attorney-expert communications, and inter-professional interactions) that are illustrated using an example case in which a bridge collapse resulted in personal injury. The experts chose to withdraw from the case when the client attorney was unable to provide crucial data and materials that were promised at time of retention.
Institutional Constraints on the Ethics of Expert Testimony
We examined the dilemmas posed by the involvement of expert witnesses in court cases and the institutional constraints on the ethics of expert testimony. The causes for the incorporation of bad science into legal decisions, potential solutions to this dilemma, and the limitations of these solutions are considered. We concluded that law, science, and experts must respond to the problems posed by expert witnessing.