Toward an Evidence-Based Law

The criminal process should be based on evidence: but does it really happen?

Abstract

This article analyzes the possibility of applying the methodological principles of Evidence-Based Medicine (EBM) to law, giving rise to an approach known as Evidence-Based Law (EBL). This method proposes the integration of scientific evidence and legal practices with the aim of improving the transparency, predictability, and effectiveness of legal decisions. The work focuses on the methodological and practical implications of this integration, examining the challenges, advantages, and future perspectives.

The Problem

The growing complexity of contemporary legal cases necessitates an evolution in the role of the criminal lawyer. They must no longer be merely interpreters of norms but also experts in natural, medical, forensic, and digital sciences. This transformation is necessary to competently address modern disputes.

Legal disputes often concern technical issues that fall outside traditional legal expertise. Litigation on topics such as environmental damage, biotechnological patents, personal data breaches, algorithmic-based financial fraud, or medical malpractice cases requires a solid command of scientific disciplines.

For example:

In criminal proceedings for environmental damage, chemistry and toxicology are indispensable for interpreting data related to soil or water contamination.
In personal injury cases involving medical malpractice, understanding clinical protocols and diagnostic techniques is essential for effective argumentation.
Cybercrimes necessitate expertise in cryptography and cybersecurity to evaluate computer system breaches.

Science as an Instrument of Proof

Science plays a crucial role in the production and interpretation of evidence. Techniques such as DNA analysis, ballistics reports, toxicological tests, and the examination of digital devices are fundamental for building legal cases.

Law and science are not separate worlds; they must be considered interdependent. Legal science cannot limit itself to a rhetorical or dialectical approach but must evolve toward scientific methodologies to address increasingly complex disputes. Traditional legal methodology, in fact, often appears inadequate compared to the rapid scientific evolution, causing delays in the adjustment of legal decisions.

The inability to understand science and technology is often at the root of uncontrolled judicial creativity, which sometimes results in ideological or arbitrary decisions lacking a solid objective foundation. It is therefore indispensable to break down the barrier between law and science, building a shared theoretical basis founded on the empirical confirmation of hypotheses. This approach would reduce the weight of unsupported opinions and ensure greater uniformity and predictability in judicial decisions.

Evidence-Based Medicine and Evidence-Based Law

Evidence-Based Medicine (EBM) has revolutionized the health sciences in recent decades by associating clinical decisions with the best available scientific evidence. This approach has significantly reduced uncertainty in therapeutic decisions, integrating clinical experience with tools from clinical epidemiology, statistics, and scientific methodology.

Similarly, the application of EBM principles to law—within the framework of Evidence-Based Law (EBL)—aims to mitigate errors and uncertainties in legal decision-making processes. This approach is based on fundamental questions: Does a legal rule or decision work? What evidence demonstrates this? Is it possible to scientifically validate it?

EBL is not intended to limit the independence of judges and legislators but to provide a scientifically sound framework that guides decisions, reducing the influence of ideologies and opinions unsupported by objective data.

Examples of Evidence-Based Law

A relevant example of EBL is the creation of scientific databases aimed at jurists, judges, and prosecutors. Such databases offer impartial, evidence-based scientific information, allowing for more informed decisions in complex contexts.

In Brazil, for instance, projects such as the Technical Support Centers for the Judiciary (NATJUS) and Health Technology Assessment Centers (NATS) provide technical documents based on scientific evidence. This system supports the judiciary in managing health disputes, reducing the risk of divergent decisions or those unsupported by objective data.

These initiatives have proven essential in avoiding requests for unsafe or ineffective treatments or medications. Furthermore, they offer a valuable tool for mitigating the social impact of legal decisions, allowing judges to base their judgments on solid and verifiable data.

Databases represent a model replicable in other legal fields, providing access to pragmatic and scientifically validated information that integrates traditional legal knowledge.

Interdisciplinary Training: A Model for the Future

To prepare lawyers for future challenges, it is crucial to rethink legal education. The contemporary world, characterized by the growing complexity and interconnection between law, science, and technology, requires a new generation of professionals capable of addressing the most advanced legal issues. An effective training model must, therefore, integrate skills from diverse fields to enable lawyers to confront situations that go far beyond the mere application of laws.

A particularly promising approach is the introduction of interdisciplinary courses that combine law, science, and technology. In many countries, law schools are already adopting curricula that include subjects such as forensic science, artificial intelligence, bioethics, and cybersecurity, with the aim of preparing jurists for the challenges posed by new scientific and technological developments. For example, Stanford Law School has developed advanced courses in law and technology, and Harvard Law School collaborates with scientific institutions to train lawyers capable of handling complex legal cases involving scientific and technological aspects.

In Italy too, some universities are responding to the increasing demand for interdisciplinary professionals. The University of Bologna, for instance, has activated Master’s programs in law and science, offering students tailored preparation to manage the legal issues arising from the interaction between science and law. This type of training not only enriches the lawyers’ knowledge base but also makes them more capable of dealing with the scientific and technological implications that are increasingly at the center of legal disputes.

Ethical Challenges and Future Implications

While the integration of science into legal practice opens new possibilities, it also raises important ethical questions. The lawyer of the future must be not only a legal expert but also a professional aware of the limits and potential of technologies and scientific evidence. Although scientific techniques are fundamental tools for gathering and analyzing evidence, their use must always be accompanied by critical reflection on their applicability and validity within the legal context.

For example, the use of scientific evidence, such as forensic evidence, must adhere to rigorous quality standards to prevent errors or distorted interpretations from leading to injustices, as has occurred in numerous cases of wrongful convictions based on faulty or incomplete forensic analyses. The growing reliance on science, therefore, requires lawyers not only to acquire technical skills but also to develop an ethical sensitivity toward the proper use of scientific evidence.

Furthermore, the lawyer must be able to grapple with the complexity of data originating from highly specialized fields, such as genetics, artificial intelligence, and biotechnology, to prevent the distortion of scientific reality from influencing justice. This implies the need to ensure adequate training and continuous preparation so that professionals can navigate the vast ocean of applied sciences in law with competence and awareness.

Conclusions

The introduction of an interdisciplinary approach in legal training, combining law with science, technology, and ethics, represents a fundamental step toward a legal system that is more transparent, efficient, and capable of responding to the challenges of the future. However, for this model to truly take hold, a cultural and educational shift is necessary to prepare legal professionals to integrate science into their daily practice with methodological rigor, as well as a solid ethical awareness. In this way, law can evolve in synergy with scientific progress, ensuring fairer and more informed decisions.

Aloi Avvocati has promoted this vision for years, translating scientific evidence into solid legal arguments. Our experience in complex criminal proceedings demonstrates that integrating forensic skills and scientific knowledge is not just an innovative option but a necessity for truly effective defense.