Bench presses on Borden and Joyce: when can jurors decide causation without experts?

During argument the panel repeatedly asked whether, and in what circumstances, jurors may infer revocation and causation without expert testimony. One justice observed that Joyce accepted expert testimony on causation in earlier cases but asked whether Joyce addressed foundational problems that arise when an expert's experience is not comparable to the state's hearings practice.

The bench also posed hypotheticals—whether ongoing violent or bizarre conduct would allow a jury to conclude a hearings officer would revoke custody even without direct evidence of that officer's practice. Both sides acknowledged extreme hypotheticals, but state counsel emphasized the record before the court lacked the sort of evidence that would allow the jury to make that leap in this case.