Knowing How to Sleepwalk: Placing Expert Evidence in the Midst of an English Jury Trial

Science, Technology, and Human Values 35 (5):620-644 (2010)
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Abstract

In this case study I argue that experts, to gain relevance in a jury trial, need to fit into a manifold division of knowing. They do so by borrowing and sharing diverse knowledges. These exchanges place the modest expert testimony right into an authoritative and powerful decision-making apparatus. This argument derives from an ethnographic study of a ‘‘sleepwalking defense.’’ The division of knowing embraces the certified facts, the instructed case, the competing expertise, and the common sense. As a conclusion, I identify the experts’ twofold relevance. Experts perform the case as undecided and decidable. They provide exclusive knowledge and affirm a set of other knowledges. By ‘‘knowing’’ and ‘‘not knowing,’’ the experts perform individual modesty and systemic immodesty by the same token.

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References found in this work

A Social History of Truth: Civility and Science in Seventeenth-Century England.Steven Shapin - 1995 - British Journal for the Philosophy of Science 46 (1):142-144.
Responsibility of the psychopath.Ralph Slovenko - 1999 - Philosophy, Psychiatry, and Psychology 6 (1):53-55.

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