An expert witness or a hired gun? Because justice in most cases balances on the pinpoint of some kind of testimony, witnesses – expert and other - are critical to the outcome of a case.
Two Opposing Expert Witnesses
The adversarial US Criminal Justice system allows both the prosecution and defense to hire professional forensic scientists and other expert witnesses for criminal and civil trails. Often the trial comes down to two expert witnesses presenting totally opposite statements to the court.
What is an Expert Witness?
An expert witness or professional witness is a person, who by virtue of education, training, skill or experience, has special knowledge that goes beyond that of the average person, in a particular subject. This expert witness may be summonsed to court or hired by the prosecution or defense in the USA, to give opinion or expert evidence during a trial, based on that person's field of expertise.
What Kind of People are Expert Witnesses?
Although experts can testify in any court case in which their expertise is relevant, criminal cases are more likely to use forensic scientists or forensic psychologists, whereas civil cases, such as personal injury, may use forensic engineers; fraud cases use forensic accountants and employment consultants and divorce cases, care experts and social workers.
According to Expertpages.com, “In a murder case, for example, the experts called would range from crime scene investigators, DNA blood analysts, knife experts, forensic pathologists, police practices experts, to munitions manufacturers”.
Online Directories for Expert Witnesses
Looking for a forensic scientist? Some expert witnesses have their own web pages and others are listed in one or more of the many online directories for expert court witnesses. One of the most established expert witness directories for the USA is Expert Pages, where attorneys, law firms and legal professionals can be connected with expert witnesses and consultants for free online.
Forensic Examiners: Certification and Standards
Professional associations have stepped forward to set standards and to certify members based on their qualifications and their knowledge. According to their website, the American College of Forensic Examiners Institute (ACFEI), the world’s largest forensic science association, has been a leader in quality certification programs for 16 years.
Neutral and Independent Witnesses
In most countries outside the USA, expert witnesses are selected by judges and are meant to be neutral and independent. Many foreign lawyers question the American practice of allowing the parties to present testimony from experts they have chosen and paid.
Why Retain a Professional Witness?
Eyewitness testimony is usually not very reliable and in both civil and criminal cases, the opinions of the witnesses in a case are not, in general, admissible. They are only allowed to state the facts as they saw them, or claim to have seen them.
The judges and juries need to know more about many things, including medical, technical or forensic details in order to make a just decision. Expert court witnesses are then called to present the full picture; to explain and to fill in the gaps.
Expert Witness Institute in the United Kingdom
The Expert Witness Institute (EWI) acts as a voice for the expert witness community, supporting experts from all professional disciplines and lawyers who use the services of experts.
Hired Guns or Expert Court Witnesses
The expert witness has a heavy responsibility, especially in criminal trials, and perjury by an expert court witness is a severely punished crime in most countries.
For many it seems that the side with the deepest pockets can “buy” the best expert witnesses, the hired guns.
“To put it bluntly, in many professions, service as an expert witness is not considered honest work,” Samuel R. Gross, a law professor at the University of Michigan, wrote in the Wisconsin Law Review. “The contempt of lawyers and judges for experts is famous. They regularly describe expert witnesses as prostitutes.” (Interview with Adam Liptak on 11 August 2008 in the New York Times.)
Sources
In U.S., Expert Witnesses Are Partisan. By Adam Liptak. August 11, 2008. www.nytimes.com
General Information About Expert Witnesses and Consultants. Expertpages.com’s Knowledge Base.
Expert Witness & Consultant's Reading Room. The 'Lectric Law Library.
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