A review of Expert Witness: The Weight of Our Testimony When Justice Hangs in the Balance by Ann Wolbert Burgess and Steven Matthew Constantine
In 1781, Wells Harbour on England’s northeast coast faced a crisis. Silt had clogged its once-thriving port, rendering it inaccessible to ships after three centuries of use. The harbor commissioners turned to Sir Martin Browne ffolkes, questioning whether his embankment disrupted the natural water flow. A jury ultimately sided with ffolkes, relying on expert testimony from engineer Robert Mylne, who explained how tides and rivers contributed to the silt accumulation. This early legal battle set a precedent for the role of experts in courtrooms, a theme explored in Expert Witness.
Ann Wolbert Burgess, a psychiatric nurse with four decades of experience testifying in criminal trials, examines the evolving role of legal experts in her book. She details cases such as the Menendez brothers’ 1990 trial, where she supported Erik’s claim that pressure and abuse drove him to kill his parents, and her testimony against Bill Cosby’s accuser Andrea Constand. Burgess also critiques the reliability of expert opinions, highlighting how courts now act as gatekeepers, evaluating whether scientific methods meet standards before allowing them into trials.
The book traces the history of legal experts from ancient Greece to modern times, noting their critical role in cases ranging from boundary disputes to sexual assault allegations. Burgess’s analysis includes her involvement in high-profile cases like the Duke lacrosse scandal and the Larry Nassar trial, where she testified against Michigan State University’s handling of abuse claims.
While Expert Witness offers insights into the challenges of expert testimony, its narrative occasionally feels contrived, with dialogue resembling “Sam Spade-style” exchanges. Burgess’s perspective remains steadfastly aligned with her own positions, raising questions about the objectivity of experts who “fight for” specific outcomes. Despite this, the book serves as a compelling look at how legal systems grapple with the weight of testimony in shaping justice.
Published by Grand Central, the 256-page volume explores the intersection of law, science, and human behavior, offering readers a glimpse into the complexities of courtroom expertise.