Scientific method.

My letter weeks ago, in which I argued that the scientific method is a better way than the adversarial system to find and establish the truth, has engendered considerable controversy.

Let me emphasize that justice is better served when the search for the truth is based upon objective methodological standards and not based upon the factors that are central to the adversarial system. These include party financial resources, competent counsel, honest witnesses, jury impartiality, clear jury instructions, memory, and honest witnesses.

It is a dream world to believe that the adversarial system can, by its very nature, 100 percent of the time, provide the objectivity without which the truth of the matter cannot be found. Indeed, there are many appeals from trial courts precisely because factual reality has not been served. A failing that is costly and time-consuming and, thus, leads to uncertainty and inefficiency.

So inefficient that trials have become rarities. And which attorney wants to spend an entire day or week in court in the hopes that his or her case will finally be called for trial? And which attorney relishes having to sit for hours while the voir dire is being conducted? And endless hours trying with every emotional and logical technique in the book to convince each juror of the rightness of the client's case?

The judicial system cannot live by the...