CSI (Courts, Science, and Information): How Judicial Opinions Cite Forensic Science and How It Impacts the Prosecution

Abstract In this article, we marshal an interdisciplinary approach to understanding how judges reference expert-produced scientific information from the forensic science field in their written opinions in criminal cases. We argue judges turn to this expert information to guide decision-making since they are not trained in forensic science, yet this information is often important in criminal cases. We find judges use authoritative language when referencing national forensic reports benefiting the defense but the relationship between references benefiting the prosecution and judges’ use of authoritative language is less straightforward. The findings provide insight into the way judges interact with expert information.