Print Article for : Expert Witness In Court

Your Online Guide » Legal Guide » Free Online Legal Advice

[E394]Expert Witness In Court

by ,

The ability to call upon an expert witness was first used in the 1782 hearing in which Civil Engineer, John Smeaton testified. Of course an expert cannot uncover every sordid detail of a murder or degree of insanity, but they can form an expert opinion from the evidence given them by the witness in question. The expert opinion is not intended to sway the jury one way or the other. It is simply more evidence to be taken into consideration by everyone involved.

During the course of any trial, an expert witness may be asked to testify on behalf of the plaintiff or defendant. Expert witnesses are often given the opportunity to examine or question the person in question so they may better assess the situation. After taking the time to examine them, the expert witness testifies under oath and delivers their expert opinion before judge and jury.

Expert Witness Testimony Can be Invaluable

Often in cases of injury, loss of earnings, costs of care and degree of insanity, an expert witness testimony is a very valuable source of information. An expert witness may be called upon by a lawyer or the judge presiding over the case. In the event of an insanity plea, an expert witness testimony is almost always relied upon. The expert will thoroughly examine the accused and make a decision based on their professional knowledge. They will then pass that information to the judge and jury by means of testimony in court. In addition to their expert opinion on the particular case, they may also give substantial evidence from the history of their profession.

On occasion, a prosecutor or defending attorney will request the help of an expert who gives false testimony or a "junk testimony" in order to try to sway the jury. If the expert's testimony is contested, the judge may appoint another expert in the same field to provide a conclusion. Sometimes the two experts agree. Other times, they offer differing opinions, casting doubt upon the use of expert witness testimonies.

Non-Testifying and Testifying Experts

Any party may hire experts to help them evaluate a case. A vehicle manufacturer may hire an expert mechanic to determine any potential failures in the vehicle's engine. If the expert so wishes, his or her identity will be withheld from the opposing party. This type of expert is considered a non-testifying expert. They simply help one party analyze issues that are important to the particular case.

A testifying expert is one that is present in court and testifies under oath. Criminal cases often use forensic scientists or psychologists. Other experts often called upon include engineers, accountants, consultants and professional caregivers. Testifying experts must be prepared to provide testimony as well as facts about the case and their opinion.

What Makes Someone an "Expert"?

A witness is considered an "expert" in their field if they've acquired the proper training, education, skill or experience. The expert witness needs to be unbiased when making their professional opinion known to the court. In the event of insanity pleas, psychiatrists, caregivers or other medical professionals are often questioned as expert witnesses.

Whether the court case is civil or criminal in nature, both plaintiffs and defendants can benefit from the use of a medical expert witness. This is especially true in an era where forensic technology is growing by leaps and bounds, branching off into areas like ballistic, blood spatter analysis and DNA testing.

Another branch of forensics falls under the medical disciplines and can encompasses any group that provides a medicinal service to investigators or the population at large.

Just what can these experts offer in the realm of traditional jurisprudence?

Role of medical expert witness

Although most people believe coroners and medical examiners as the primary medical experts used in court trials, the fact is anyone who practices medicine in any capacity can be a medical expert witness. For instance, a chiropractor or orthopedic surgeon can attest to damages done to the spine or back during a personal injury lawsuit where a hurt plaintiff is suing for monetary compensation.

On the other hand, an expert may be able to prove that the injury claimed by a money seeking plaintiff is being over blow in an effort to obtain ill gained reparations.

Because a medical expert can make or break a case in this regard, their importance cannot be understated.

Present unbiased view of events

Most court trials involve two views of events that can be difficult to sort through and prove. Because the outcome can in some cases be literally be a matter of life and death, it pays to be able to separate fact from fiction.

Science itself is fairly irrefutable and with a few are notable exceptions is rarely inaccurate. This is why medical science can then be employed to prove or disprove claims on both sides of the fence.

Corroborate exonerating evidence

Medical expert witness can help people who have been wrongly accused by providing information via testimony that breaks down a scenario based on medical evidence. When jurors are given these tools, they are able to weigh various factors to arrive to a conclusion. When irrefutable evidence is presented by such experts, the job of the juror becomes a whole lot easier.

Strengthen the case for the prosecution

The same can be said for proving defendants guilt. Nine times out of ten, people who are criminally accountable for death or harm and injury to an individual will lie about the circumstances. A medical expert witness can dispute claims of innocence by producing information that calls their story into question.

The special role of a dental expert witness

A dental expert witness is a forensic professional whose title falls under the heading of Forensic Odontologist. These individuals are also called bite mark examiners. These specialists most often establish the identity of perpetrators via teeth impressions which can be left on the skin when a homicide victim is bitten. This bite can link a killer to the deceased. The benefit of this particular type of analysis speaks for itself.

A dental expert witness is utilized in situations where unidentified bodies have been located as well. In these cases, policemen generally have an idea of who the deceased individual may be and need this particular professional to confirm it.

This forensic professional will most often use a person's dental records and compare them with the teeth of the unidentified individual in question. This is important in situations where a murder defendant is claiming the person is simply missing and not dead.

As forensic technology continues to expand, the testimony and services of a medical expert witness will become a near standard in both civil and criminal court cases. This will lower chances of innocent people being falsely imprisoned for crimes they didn't commit and reduce the chances of the guilty walking away scot free.

For this reason, medical experts will forever change the landscape of the criminal justice system.

Article Source : 2009 Legal Holidays Usa

Amy Nutt has sinced written about articles on various topics from Culture and Society, Recreation and Sports and Women. Medical and Dental Malpractice Consultants provide malpractice services, dental expert witness services, case evaluations and expert reports. When looking. Amy Nutt's top article generates over 368000 views. to your Favourites.