The role of expert witnesses in society today is to provide clarity, explanation, and opinion on complex matters that the average person may not understand. They are an integral part of many cases, helping jurors comprehend intricate and nuanced information, providing a sense of objectivity and credibility, and working with the legal team to bolster the strength of the entire case. It is essential to carefully consider who to choose, what to share, and how to present their testimony in order to get the most out of expert witnesses. Experts make observations or draw conclusions that lay or judicial researchers could not make on their own. However, it is the jury or judge who ultimately finds the facts.
Therefore, it is essential for the role of expert witnesses, and for their ethical obligations, that they provide a clear explanation of their conclusions and reasoning that allows the investigator to reach an informed and independent judgment as to what extent expert evidence can be trusted. In contentious procedural systems, there is a great deal of reliance on cross-examination and the possibility of calling opposing experts to ensure that experts are held accountable for their methods and that investigators are not deceived. However, in practice, these methods have serious deficiencies and must be combined with other forms of accountability, such as oversight by professional bodies. An expert witness is a person whose opinion, by virtue of education, training, certification, skills, or experience, is accepted by the judge as an expert. The judge may consider that the expert opinion (scientific, technical, or otherwise) of the witness on evidence or facts before the court within the expert's area of expertise is called an expert opinion. Expert witnesses can also present expert evidence within the area of their specialty. Your testimony may be refuted by the testimony of other experts or by other evidence or facts.
The role of the expert is to give his opinion based on his analysis of the available evidence. The court or jury is not subject to that opinion, but they may take it into account in determining the facts in question. An example would be a one-off error made by the expert which is unlikely to be repeated and that is not indicative of inadequate work practice in general on the part of the expert or of a systemic failure on the part of the FSP or other organization in which the expert works. When the relevant expert is a pathologist, it may be appropriate to perform another autopsy when the body of the deceased is available. That's why it's vital to provide the expert with a copy of the CPS Expert Guide on outreach, unused material and case management. This allows them to rely on scientific articles, conversations with colleagues on the subject, testimonies read in preparation for their testimony in a case, and similar information that they do not know personally.
The reliability of opinion tests will also take into account the methods used to arrive at that opinion such as validated laboratory techniques and technologies and whether it is recognized that these processes provide a sufficient scientific basis on which their conclusions can be reached. The unique nature of a person's fingerprints means that a person can be identified solely by their fingerprints without needing proof to support them. Therefore they must act in accordance with the primary objective of Criminal Procedure Regulations which is to ensure criminal cases are dealt with fairly. Parties submitting expert evidence under CrimPR 19.3 must report anything that may be considered reasonably capable of undermining the reliability of their opinion or diminishing their credibility or impartiality. The opposing lawyer is allowed to carry out a voir dire ofthe witness to challenge their qualifications. The Court held that another bank employee could provide expert evidence on the operation of that system.
Experts are often more than willing to participate in conferences as they appreciate how important it is to have a full understanding of issues before trial begins. The possibility that two out of only 26 men in all of United Kingdom with corresponding DNA were close to crime seems almost incredible and a relatively slight link between accused and crime independent from DNA is probably sufficient for jury to get general idea about defendant's guilt. The meeting takes place regardless lawyers' instruction and often helps resolve case especially if experts review and modify their opinions. This can be achieved by ensuring cases are properly managed according to principles set out above and through effective case management in court. This is reinforced by Rule 19.2 Criminal Procedure Regulations which states that primary duty for expert witness is to give objective and impartial evidence.
