NCJ Number
141577
Journal
Trial Volume: 29 Issue: 2 Dated: (February 1993) Pages: 65-69
Date Published
1993
Length
5 pages
Annotation
The influence of expert witnesses on the outcome of a trial should not be underestimated; the selection, recruitment, and grooming of these witnesses is more important in persuading the jury of one's position that the lawyer's forensic and advocacy skills.
Abstract
The first point every lawyer should remember in using expert witnesses is that juries have a shrinking attention span. In this era of "sound bites," it is essential that the experts' testimony be fast-paced. In general, shorter is better. The beginning of an expert's testimony is critical in attracting the jurors' full attention. When structuring a witness's testimony, the lawyer must consider the principles of primacy and recency. That is, the jury will best remember the first and last things the witness says. Appearance and demeanor of the witness affects the jurors' perception of his credibility. The witness must also take care not to talk down to the jury. Lawyers must keep up the pace of examination and cross-examination; expert testimony that lasts for hours is unacceptable to the average juror. Weak evidence should never be presented in an effort to bolster one's case by adding bulk to it. That is why college professors, who are used to teaching ideas in as few words as possible, make the best expert witnesses. Finally, every lawyer must learn to challenge his opponent's witnesses effectively. 12 notes