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Importance of expert witnesses in courts
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The use of an expert witness can be traced back to the 18 century where a professional was first called by an attorney to testify to the court and give their opinion on legal matters. Due to the experts testimony in the case the judge felt confident in choosing what the outcome should be in the case. Since then expert witnesses have assisted in numerous court cases. The practice of expert witnessing has been steadily increasing because of the extensive growth and knowledge in scientific fields and technology, thus the need for experts to resolve legal disputes where lay people would have little or no knowledge (Berger). Today “Expert witnesses are used in a wide range of litigation and their opinions are often viewed as critical—frequently they can make or break a case. As a result, many trials have turned into a battle of the experts. Yet despite their importance, few attorneys take the time to utilize the proper resources to find the right experts, evaluate their credentials, and/or assess the admissibility of their testimony” (Brennan, Dilenschneider, Levin & Robinson, 2009 pg. 4). This essay will overview the role of an expert witness, how to determine credibility of an expert, their effect the court system, and steps that can be taken to ensure quality and honestly in expert testimony
The job description of an expert witness is, a person that can bring specialized knowledge to a case that aids in determining the outcome. “An expert witness is one allowed to provide opinion testimony” (Hutchinson, 2012, pg. 2). Expert witnesses are called upon to give testimony on various areas and subjects “expert testimony is extremely broad, ranging from at trial based upon his or her specialized knowledge, training or expertise,...
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...uld be “double-blind proficiency tests for forensic scientists” (Bernstein, pg. 462). Another improvement to the system would be creating private independent forensic laboratories, Great Britain and parts of Australia have already implemented this in their practice. Creating several labs in on jurisdiction would remedy the monopoly and create competition; the competition between the different labs may create quality in the terms that each lab will want to produce the best work possible. Sending evidence to various labs could also control the quality of results divergent among the different forensic scientist would be investigated to see where the discrepancy may be. The creation of a nationalized forensic institute, that purpose is to validate and test methodologies and technologies that will create a standardization of data interpretation (Bernstein, pg.462).
The reason being, the Supreme Court found that the expert evidence was not only useful, but was required to have a more in-depth understanding of the issues surrounding battered women. The rationale was, without expert testimony most people would be ignorant to spousal abuse. It was thought that without expert testimony, jurors would make assumptions about the stereotypes that may have been popularized by society as well ignore the importance of previous events that led up to the incident. Moreover, the trial judge charged the jurors properly, explaining that as long as there is some admissible evidence to establish the foundation for the expert 's opinion, he cannot subsequently instruct the jury to completely ignore the testimony. The judge also warned the jury that the more the expert relies on facts, not proven in evidence the less weight the jury may attribute to the opinion. Furthermore, expert evidence does not and cannot usurp the jury 's function of deciding whether, in fact, the accused 's perceptions and actions were reasonable. But fairness and the integrity of the trial process demand that the jury have the opportunity to hear that
There are certain standards that the courts use to determine competency. In order to find the accused competent, a court should find out by a preponderance of evidence that the defendant has remarkable ability to consult with his lawyer with a reasonable degree of rational indulgence. The def...
Jurors have unrealistic ideas of evidence processing. ”Such programs give the impression that forensic laboratories are fully staffed with highly trained personnel, stocked with a full complement of state-of-the-art instrumentation and rolling in the resources to close every case in a timely fashion.” (Houck 85) Forensic laboratories face funding deficits, not enough suitably trained staff and the consistent advancement of technology. University of Maryland forensic scientist Thomas Mauriello estimates that about 40 percent of the forensic science shown on CSI does not exist. Carol Henderson, director of the National Clearinghouse for Science, Technology and the Law at Stetson University College of Law, told a publication of that institution that jurors are “sometimes disappointed if some of the new technologies that they think exist are not used.” (Houck 87) Investigators often have to explain to victims that it is not possible to collect a sample of...
At least 99 percent of the time, forensic science is reliable and deem accurate. Although four experts that matched Brandon Mayfield’s fingerprint to the fingerprint on a bag at the crime scene, they in fact misidentified the evidence and Spanish police found out that the latent fingerprint actually belong to be an Algerian. This shown that forensic experts and attorneys can definitely be wrong; furthermore, it convey that not all evidence presented in the case is subjected to be infallible and there is a possibility for committed error. Leah Bartos, a UC Berkley graduate student with a Journalism degree, conducted an experiment to understand the process of becoming a certified forensic consultant. She had no prior knowledge in the forensic discipline, but became certified after she passed the open book exam and sent ACFET her bachelor degree, resume, and references. The ACFET exam have a 99 percent pass rate; therefore, it is criticized for creditability of its certified graduate and branded a diploma milling organization for-profit. Attorney can argue the weakness of the forensic evidence presented, hence forensic science call for bad science and can definitely be misuse in our adversarial legal
Vallas, G. (2011). A survey of federal and state standards for the admission of expert testimony on the reliability of eyewitnesses. American Journal of Criminal Law, 39(1), 97-146. Retrieved from http://search.ebscohost.com.pioproxy.carrollu.edu/login.aspx?direct=true&AuthType=cookie,ip,cpid&custid=s6222004&db=aph&AN=74017401&site=ehost-live&scope=site
According to the Federal Rule of Evidence 702, A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise if: (a) the expert’s scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in issue; (b) the testimony is based on sufficient facts or data; (c) the testimony is the product of reliable principles and methods; and (d) the expert has reliably applied the principles and methods to the facts of the case (Gardner & Anderson, 2013 pg. 523).
The audiologist’s responsibility in a forensic audiology case could involve acting as an expert witness in court to give professional opinion on their field of expertise. Audiologist could be called in during the discovery phase of a lawsuit to perform an independent medical exam pertaining to hearing loss, vestibular issues, or other areas within scope of practice to give professional opinion regarding the diagnosis, possible cause, extend of the injury, best course of treatment, and the patient’s maximum medical recovery. During the pretrial phase, attorneys submit trial briefs to inform the judge of the facts that will be proven, the audiologist’s expert report based on review of the records and complains would also be included. At times, this report could provide enough evidence for a judge to issue a summary judgement to exclude certain party from the lawsuit. Cases that may involve the
Therefore, the criminal justice system relies on other nonscientific means that are not accepted or clear. Many of forensic methods have implemented in research when looking for evidence, but the methods that are not scientific and have little or anything to do with science. The result of false evidence by other means leads to false testimony by a forensic analyst. Another issue with forensic errors is that it is a challenge to find a defense expert (Giannelli, 2011). Defense experts are required to help the defense attorneys defend and breakdown all of the doubts in the prosecutors scientific findings in criminal cases. Scientific information is integral in a criminal prosecution, and a defense attorney needs to have an expert to assist he/she in discrediting the prosecution (Giannelli,
Fradella, H.F. (2006) Why judges should admit expert testimony on the unreliability of eyewitness testimony. Federal Courts Law Review. Retrieved from http://www.fclr.org/fclr/articles/html/2006/fedctslrev3.pdf
Researcher Richard A. Wise and his colleagues focused on finding out how prosecutors and defense attorneys felt and treated eyewitness testimonies. They found that defense attorneys are more likely to question an eyewitness’s credibility than prosecutors (Wise, et al. 1278). They also found that prosecutors knew less about eyewitness testimonies than defense attorneys (Wise, et al. 1277). This study suggests that attorneys should be informed about the risk of eyewitness testimonies being false or fallible (Wise, et al. 1280). In contrast to the study discussed before, a study conducted by researchers Tim Valentine and Katie Maras looked at the effects of cross examining evidence between eyewitnesses instead of focusing on prosecutors and defense attorneys. They conducted an experiment in which the participants had to watch an event and then talk about it with other people who saw the same event (Valentine and Maras 556). They found that the act cross examining what they all saw led to people coming up with false testimonies with many inaccuracies (Valentine and Maras 557). Both of these studies differ in that the first study focused on defense attorneys and prosecutors while the second study discussed on the eyewitnesses themselves. Even though they focused on analyzing two different demographics, they both
Price, M. (2012). THE PROPER APPLICATION OF DAUBERT TO EXPERT TESTIMONY IN CLASS CERTIFICATION. Lewis & Clark Law Review, 16(4), 1349-1379.
The 'Secondary'. Welcome to the fascinating world of forensic science! Retrieved from www.aafs.org/how-do-i-become-forensic-scientist. McKay, D. (2012). The 'Standard'.
Whereas the real picture of forensic evidence is unlike what is represented in movies and television shows where a fingerprint or a trace of hair is found, then it’s game over for the criminal. Reality is not as straightforward. As more people are exposed to the unreal forensic world through television and media the likeliness for a wrong conviction increases with juries assuming the evidence involves more science than what it really does, this is known as the CSI Effect. Further education and training is needed for the people of the court, the forensic specialists, and so called experts. The people in courts do not question any of the ‘professionals’ and just trust in their expertise. The court could overcome this perception by requiring explanation of error rates in a forensic field. To do this, testing examiner error rates will be necessary which means further research. Forensic science has such a large effect on the prosecution of suspects, experts have been known to provide questionable and at times incorrect evidence. When a false conviction occurs the true perpetrator is set free. Once realized, the public doubts the justice system and the reliability of the forensic evidence even more. At this point in time, forensic is an inexact
Witnesses are often called before a court of law to testify in trials and their testimony is considered crucial in the identification and arrest of a suspect and the likelihood of a jury convicting a defendant.
Forensic science has now been recognized as an important part of the law enforcement team to help solve crimes and cold cases. The advances in technology are being used each day and we must continue to strive to develop better advances in this field. The recent discovery of using DNA in criminal cases has helped not only positively identify the suspect, but it has helped exonerate hundreds of innocent individuals. “With new advances in police technology and computer science, crime scene investigation and forensic science will only become more precise as we head into the future.” (Roufa, 2017) Forensic science and evidence helps law enforcement officials solve crimes through the collection, preservation and analysis of evidence. By having a mobile crime laboratory, the scene gets processed quicker and more efficiently. Forensic science will only grow in the future to be a benefit for the criminal justice