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Legal Dilemmas in the Use of 'Expert Medical Evidence', Part II - Opening Address

NCJ Number
85197
Journal
Australian Journal of Forensic Science Volume: 14 Issue: 4 Dated: (June 1982) Pages: 168-174
Author(s)
V D Plueckhahn
Date Published
1982
Length
7 pages
Annotation
Some of the legal dilemmas surrounding the use and communication of expert medical and scientific evidence in court proceedings lie in the expert's view of the purpose of his/her testimony and the effectiveness of challenges to expert testimony.
Abstract
The majority of medical witnesses are inexperienced in the court setting, are largely ignorant of its procedures, and dislike or fear cross-examination. Expert witnesses frequently resent challenges to the value or significance of their diagnoses or opinions, such that they may at times contribute to omissions and negative bias in presenting evidence. So as to expose any omissions and negative bias in expert testimony, judges and juries should take a far more active role in questioning the relevance of the expert medical and scientific evidence given in court and ensuring quality in the expert witness. The quality of expert witnesses rests in integrity and honesty, impartiality and objectivity, appropriate expertise, and an ability to communicate. Further, the expert witness should be conscientious in admitting professional weaknesses and in revealing to the court the limits of the reliability and the significance of the evidence given. Eleven references are listed.

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