Expert Witness Flashcards
Define an Expert Witness
An expert on a subject who may be presented to give their opinion wothout having been a witness to the crime
What are the Two Major types of Court Witnesses
Fact and Percipient
Explain the Role of an Expert Witness
Demonstrate they have the necessary qualifications
Give an opinion based on sufficient data and applying reliable methods/ principles
How Many Expert Witnesses Can You Have
Each party is limited to no more than five expert witnesses
This is true regardless of whether the action proceeds in several passes or not
Define Concurrent Evidence or “Hot Tubbing”
Experts give their evidence in chief togther as a group and are allowed to engage in discussion with the trial judge/ jury and each other
The desired result is for the judge to be able to summarize the different areas of disagreement and that the judge and jury understand exactly experts’ interpretation
What Qualities Would a Judge Consider when determining if Forensic Expery Evidence should be Admitted.
The theory or technique has been tested, published, and subject to peer review.
There should be a reasonable potential error rate.
Describe the Four Part Test of Expert Evidence
Relavent
Necessary in assisting the trier of fact
Not otherwise subject to an exclusionary rule
Given by a properly qualified expert
Who is Dr. Charles Smith
Pediatric Pathologist at Sick Kids from 1981-2005
Had no formal training or certification in forensic pathology, and he never made an attempt to further his education in this area
Gained a reputation as a foremost expert and was approached for consultation on difficult, criminally suspicious pediatric deaths
Explain the Goudge Inquiry
Pathologist thinks objectively and remains independent of the coroner, police, crown & defense.
Work can be understood by a jury
Pathologists should clearly communicate any areas of controversy
