Abstract
When a legal team picks an expert witness or trial consultant, they do so with an eye to the credentials that will authenticate their witness as an expert in the eyes of the judge. The noted reliability of an expert witness and trial consultants in the view of the jury has an essential influence on the result of the case and should be an evenly crucial point in expert choice. Comprehensibility is a major part of the observed credibility of the expert witness and trial consultants. Jurors will not be affected by an expert witness they cannot comprehend.
Keywords: expert witness, trial consultant, credibility
The Impact of Expert Witnesses and Trial Consultants
A few jurors may have a higher comprehension of the topic of a case more so than other jurors. These jurors may think they are the “experts” on the matter. Expert testimony that differs from the expert jurors’ understanding being seen as less conceivable by the juror, and they may be able to express their view to the other jurors. According to Cramer, Brodsky and DeCoster (2009), “Juror individual difference factors may alter perceptions of expert witness credibility.” When
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Usually, the jurors who utilized attestation-based on the reason for their decision of the experts' witness reliability believed that the experts' witness with great credentials is reliable witnesses. An expert witness with lengthy credentials, but, it's not an unconscious assurance of probability. Perceived incentives can influence jurors. Some jurors try to ascertain the reasons that an expert witness may bring to the witness stand. The jurors in the research concentrated on features that diminished an expert’s reliability, such as an expert’s possible ground for prejudice, the extent of their charges, the repetition by which they testified, and the experts' witness connection to an
The book “12 Angry Men” by Reginald Rose is a book about twelve jurors who are trying to come to a unanimous decision about their case. One man stands alone while the others vote guilty without giving it a second thought. Throughout the book this man, the eighth juror, tries to provide a fair trial to the defendant by reviewing all the evidence. After reassessing all the evidence presented, it becomes clear that most of the men were swayed by each of their own personal experiences and prejudices. Not only was it a factor in their final decisions but it was the most influential variable when the arbitration for the defendant was finally decided.
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...
in Houck). Jurors who are influenced by the CSI Effect tend to have biased opinions because CSI shows are the basis for their knowledge. Rather than simply acknowledging courtroom expectations by deliberating based on only the facts presented in the courtroom, jurors are asking for more evidence than that is provided or necessary because jurors are comparing forensic evidence used to convict on television to real life cases. Thus, jurors are not impartial to the case because they have a prenotion of what information they require to convict, such as fingerprints in burglaries and blood analysis in murder cases. Smith et all reports that viewers of CSI-type shows and other similar shows have “inflated perceptions of accuracy, reliability, and usefulness of forensic evidence (but not ‘nonscientific’ evidence)” (qtd. in Stinson et all). As CSI-type shows emphasize the collection, analysis, and presentation of forensic evidence during court proceedings more so than other types of
Lieberman, J. D. (2002). Head over the heart or heart over the head? Cognitive experiential self-theory and extralegal heuristics in juror decision making. Journal of Applied Social Psychology, 32(12), 2526-2553.
Eyewitness testimonies are also valued unique factors they can bring to criminal investigations. Nevertheless, an eyewitness testimony can also raise several factors that threaten its credibility, especially for those who haven’t had prior training in assessing witness reliability. It has been suggested, for instance, that jurors only have their common sense as their guides when their witnesses have strenuous claims (Schechel et al., 2006, p.178).
In conclusion, as shown throughout this paper, evidence is needed to convince jurors to give a verdict of guilt or not guilt. Evidence comes in several forms such as physical evidence, substantial evidence. When evidence is presented, it acceptance in trial depends on relevant to the case to be admissible. “Relevance refers to any material fact or evidence having a tendency to make the existence of a matter at issue more probable than it would be without said fact (probative value)”(Britz, 2008, p. 344).
In Anatomy of a Murder, there were four expert witnesses, Dr. Smith, Dr. Harcourt, Dr. Raschid, and Dr. Dompierre, who testified during the trial and gave their respected opinions based on their expertise about the evidence and stipulations raised. An expert witness is defined as a witness who has special knowledge or training in a specialized area (Gardner & Anderson, 2013, pg.123). The opinion of an expert witness may be admissible if the opinion is being given about a subject that can clear issues in the court. To determine whether or not the expert witness testimony is admissible, it must meet the requirements of the Federal Rules of Evidence 702-704. In addition to reviewing each of the three Federal Rules of Evidence, I reviewed each of the four expert witness testimonies and analyzed whether or not each testimony complied each Federal Rule of evidence.
Famous writer Robert Frost stated, “A jury consists of twelve persons chosen to decide who has the better lawyer.” While selecting a competent lawyer is important, in the court of law, the process of jury selection is easily one of the most important factors. While many elements are considered during the process of jury selection, the most valuable is the use of psychology. Psychology is used by lawyers during the process of jury selection to choose the best possible jurors to decide the fate of their client. Psychology can be used in many different ways such as voir dire, persuasion, and research.
A juror who has no experience with or background knowledge on the subject of forensic science is a rarity in this day and age. In 2006, 70 million people watched one of the three versions of CSI in one week and 30 million watched the original CSI in one night (Shelton). Thanks to these popular television shows people are beginning to think they have certain knowledge about the way a case should be investigated and what scientific evidence needs to be provided in court. The worst thing about the CSI Effect is that “jurors think they have a thorough understanding ...
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
In the criminal justice system psychologist play several roles, but in the jury selection process they serve as a consultant. This essay will provide three instances of psychological concepts and illustrate how they are applied to the determination of juries. The essay will also address a common ethical obligation confronting psychologist in the areas of corrections, law enforcement, court systems, and academia.
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
...T. M. (1997). Can the jury disregard that information? The use of suspicion to reduce the prejudicial effects of retrial publicity and inadmissible testimony. Personality and Social Psychology Bulletin, 23(11), 1215-1226.
“Witness for the Prosecution” superbly demonstrated a realist view of the operating procedures in a courtroom. The actors within the courtroom were easy to identify, and the steps transitioned smoothly from the arrest to the reading of the verdict. The murder trial of Leonard Vole provided realistic insight into how laws on the books are used in courtroom proceedings. With the inferior elements noted, the superior element of the court system in “Witness for the Prosecution” was the use of the adversary system. Both sides of the adversary system were flawlessly protrayed when the prosecution and defense squared off in the courtroom.