EXPERT EVIDENCE ON THE CRIMINAL SIDE

• NCJ Number: 58720
• Journal: Police Surgeon Issue: 11 Dated: (APRIL 1977) Pages: 51-56
• Author(s): E JONES
• Date Published: 1977
• Length: 6 pages
• Corporate Author: Hutchinson and Co, Ltd
• Publication Format: Article
• Language: English
• Country: United Kingdom
• Note: PAPER PRESENTED TO THE NORTHERN IRELAND MEDICO LEGAL SOCIETY AT THE 2ND MEETING, BELFAST, JANUARY 1977

Annotation

THE LORD JUSTICE OF APPEALS STRESSES TO CRIMINAL JUSTICE PROFESSIONALS THAT TESTIMONY GIVEN BY EXPERT WITNESSES IN CRIMINAL AS WELL AS CIVIL TRIALS MUST BE CAREFULLY GIVEN. EXAMPLES ARE FROM MEDICAL CASES.

Abstract

PRECEDENT IN BRITISH LAW ALLOWS EXPERT WITNESSES TO GIVE OPINIONS WHEN THE COURT HAS INSUFFICIENT KNOWLEDGE OF SCIENTIFIC, PROFESSIONAL, OR TECHNICAL MATTERS; THE JUDGE DECIDES UPON THE COMPETENCY OF THE WITNESS. THE OBJECT OF SUCH TESTIMONY IS TO AID THE JURY, BUT THERE IS CONFLICT OF OPINION AS TO WHAT SHOULD HAPPEN WHEN EXPERTS DISAGREE. THE JURY CAN DECIDE THE ISSUE OR THE MATTER MAY BE WITHDRAWN AND THE ACCUSED ACQUITTED BECAUSE THE JURY SHOULD NOT BE LEFT TO DECIDE ON ITS OWN TECHNICAL QUESTIONS DEALING WITH HANDWRITING OR SCIENTIFIC ISSUES. CAREFUL INSTRUCTION OF WITNESSES MAY HAVE GREATER IMPORTANCE IN CRIMINAL THAN IN CIVIL CASES BECAUSE LOSS OF LIBERTY IS INVOLVED. CAREFUL DIRECTION TO WITNESSES MAY SAVE COURT COSTS AND TIME BECAUSE SUCH TESTIMONY IS OFTEN COMPLEX AND TIME CONSUMING. ISSUES CONCERNING PRESENTATION OF MEDICAL EVIDENCE, CALLING MEDICAL WITNESSES, WARNINGS ABOUT HEARSAY, AND MANNER OF TESTIFYING MOST EFFECTIVELY ARE EMPHASIZED. (RFC)