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Expert Witnesses In English Law
The role of expert witnesses in English law is to give explanations of difficult or technical topics in civil and criminal trials, to assist the fact finding process. The extent to which Experts, authorities have been allowed to testify, and on what topics, has been debated, and to this end a variety of criteria have evolved throughout English case law. Role Generally, witnesses are not permitted when giving evidence to tender their own opinions as fact. The reason for this is that to allow opinion evidence would be to usurp the fact finding duties of either a jury - in criminal trials - or of the Judge.Keane, p. 524 Thus, a witness is allowed to testify that he saw a suspect waiting on a street corner at a specified time, but not that he believed the suspect 'looked shady', or was 'up to no good'. Such evidence would not only be irrelevant as having little probative value, but could be damaging if accepted by the tribunal as fact. The role of expert witnesses is to give certain ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Expert Witness
An expert witness, particularly in common law countries such as the United Kingdom, Australia, and the United States, 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 the witness's specialized (scientific, technical or other) opinion about evidence or about facts before the court within the expert's area of expertise, to be referred to as an "expert opinion". Expert witnesses may also deliver "expert evidence" within the area of their expertise. Their testimony may be rebutted by testimony from other experts or by other evidence or facts. History The forensic expert practice is an ancient profession. For example, in ancient Babylonia, midwives were used as experts in determining pregnancy, virginity and female fertility. Similarly, the Roman Empire recognized midwives, handwriting experts and land surveyors as legal experts. The codified use of expert witnesses and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
