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Expert Witnesses In The Court Room

Posted on June 16, 2008 - Filed Under Recreation and Sports

In trials and cases across the country, witnesses are called by both sides of the room. While many people think that witnesses are only people that have seen something that helps either the prosecution or the defense, expert witnesses exist as well.

Expert witnesses are witnesses who are believed to have knowledge in a particular subject area beyond that of the average person. Their knowledge is so advanced that others may officially and legally rely upon the witness’ specialized opinion about a piece of evidence or a fact within the scope of their expertise. The knowledge of expert witnesses is acquired by virtue of education, training, skill, or experience in a certain area.

Expert witnesses can also deliver expert evidence concerning facts from the domain of their expertise. In some instances, the testimony of expert witnesses can be rebutted with a learned treatise. A learned treatise is a text of some sort that is seen as being sufficiently authoritative in its field to be admissible as evidence in a court. It is often viewed as being hearsay evidence. Sometimes, in the event of a rebuttal or learned treatise, the professional reputation of an expert witness can be harmed.

In most cases, experts are used for opinions relating to the severity of an injury, the degree of insanity in a criminal case, the cause of failure in a machine or other device, the amount of earnings that could be lost, the future costs of care due to an injury, and other things of that nature. Expert witnesses can also be called to testify concerning scientific evidence.

Experts do not have to be called by the prosecution or defense. A judge is allowed to call an expert witness in order to ensure that a certain fact or action is evaluated technically. This is done in an effort to provide the court with complete knowledge of the fact or action it is judging. The expertise brought in by a judge has the legal value of an acquisition of data. The testimony of these experts is compared to the testimony of the experts brought in by the two parties.

Any expert witness has a large amount of responsibility, particularly in cases involving penal trials. In the United States, the use of an expert witness is frequently criticized. The practice is criticized because both sides will bring in experts to advocate differing opinions. Following this, it is left up to a jury of ordinary individuals to decide which expert should be believed.

For more information on expert witnesses and their use in penal cases, please visit http://www.dallas-dwi-lawyers.com

Joseph Devine

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