In legal proceedings, an expert witness can be helpful. They have specialized knowledge and expertise in a particular field that enables them to provide a report or opinion to help the jury or judge make a decision. An expert witness may be a professional in finance, security, education, or the medical industry.
Magistrates and juries can benefit from the knowledge of an expert in solving a case and determining the guilt or innocence of an accused. The known rule is that witnesses should only provide testimony about matters within their knowledge.
The following are unique characteristics of an expert witness and instances where the statements of an expert are admissible.
An Expert Witness Offers an Objective View Based on Specialized Knowledge
The general understanding of an expert witness is “someone who is qualified to present testimony in court and has specialized knowledge in a specific discipline or field.” However, the role of an expert witness is broader in practice. The expert must provide the court with free and unbiased analysis and opinion about a particular subject matter.
That means the testimony of an expert witness must be thorough and include detailed information to convince the judge. The view of the expert witness should also be objective and supported by verifiable evidence.
Based on their experience and specialized knowledge, experts can offer opinions. For instance, a psychologist might comment on the syndrome evidence of a person under trial. Similarly, a forensic pathologist can provide testimony about how someone died.
Experts not only share their knowledge but also provide opinions based on facts. For instance, medical professionals frequently draw their conclusions from clinical experience, even though there may not be much supporting statistical evidence for those conclusions.
The Expert Has Relevant Expertise
The person claiming to be an expert witness must have gained sufficient knowledge in a relevant field through study or experience. On those grounds, their opinion will be considered credible. The court will not accept evidence from “experts” who are either obviously unqualified or not much more than enthusiastic amateurs. Also, it is crucial to ensure that an expert does not provide testimony regarding subjects outside their field of expertise.
They Can Help The Judge Or Jury Make A Decision
During a trial, the court must first decide whether the testimony of an expert witness will aid the jury in reaching a fair and just verdict before allowing the prosecution to present it. The experts must use their subject-matter expertise and specialized training or experience in structuring their opinions. If not, the judge might decide that the expert witness is not qualified to offer an expert opinion.
“An excellent expert witness ought to be impartial and unbiased. They help lawyers make decisions about their cases, not make those decisions themselves,” says criminal defense attorney Jeffrey Lichtman.
They Can Provide a Report
Although lawyers hire expert witnesses for different reasons, they all share a common goal, which is to report on the facts of a case. A report from an expert is admissible as evidence of fact and opinion under Section 30 of the Criminal Justice Act of 1988, regardless of whether the expert appears in court to give oral testimony.
In coming up with the report, an expert witness compiles and examines every piece of evidence, reconstructs an incident, and possibly offers visual aids. They must also list all pertinent information and qualifications. The report for an expert witness can be up to ten pages.
Source: Jeffrey Lichtman Law, New York
