John H. Wigmore on the abolition of partisan experts

The American justice system traditionally has relied on expert witnesses hired by adverse parties, resulting in the appearance of dueling hired guns. There have been attempts to reform the system through court-appointed impartial experts, but trial attorneys have resisted them. Celebrated cases have brought the problem to the forefront--for example, the 1924 murder trial of Richard Loeb and Nathan Leopold, Jr, in Chicago. These young men were on trial for kidnapping and killing a teenage boy. That there was no motive but thrill-seeking incensed citizens, who called for their death. Several psychiatrists testified at the penalty phase. The judge sentenced the defendants to life in prison, ostensibly because of their age. Commenting on the case, John H. Wigmore, Dean of Northwestern Law School and authority on evidence, critiqued the system of partisan experts. This article contains a reprint of his editorial and a discussion of it in the context of evolving expert testimony standards. My conclusion is that a robust but honest airing of opinions is most helpful in criminal cases and that court-appointed experts may be more appropriate in civil and domestic relations matters.