Some may think justice is a coincidence of the system, not a consequence of it. As counsel, we must warranty equal justice before the law. Science and common sense suggest solutions for some difficult special issues that arise in civil and criminal cases.

DNA is one great example of a tool that can guard against false conclusions; but that can also mislead.

We must know how to use good science and be wary of junk science. We must know Federal Rule 702 on expert testimony. We must understand Daubert and its progeny.

These tools invoked in litigation encompass DNA, fingerprints, Handwriting, the polygraph, striations on bullets, and those ubiquitous cell phones that leave a trail of digital bread crumbs where you’ve been. Not all of these tools are reliable.

There are questions, a matter of psychology and science we may consider including the vagaries of snitch testimony, the psychopathic liar, “tricked” confessions, and what to do about the biased tribunal.