Services of Experts in the Conduct of Judicial Inquiries (From Expert Witnesses, P 4-8, 1987, Patrick R Anderson and L Thomas Winfree, Jr, eds. -- See NCJ-112768)

• NCJ Number: 112769
• Author(s): C Herschel
• Date Published: 1987
• Length: 5 pages
• Sale Source: State University of New York Press
• Publication Type: Historical Overview
• Language: English
• Country: United States of America

Annotation

Written in the 1880's, this article cites judges, lawyers, and other legal experts who seriously question the utility of expert witnesses and recommends eliminating the power of either party to call in its own expert.

Abstract

While legal professionals all condemn the current expert witness system, they also agree regarding a remedy. The alternative is to place the experts in a nonpartisan position by making them servants of the court, thus creating a class of experts. Precedents for this procedure can be found in older English law and in contemporary law as practiced on the European continent. For example, the German courts can call in experts, in case they are unable to answer certain preliminary questions after hearing the evidence, before making a decision. The paper emphasizes that the expert's opinion is not binding in the continental system and discusses questions regarding compulsory service and fee structures. 8 footnotes.