Expert witness testimony

Question 1

Define expert eyewitness testimony

Answer 1

a. A witness who provides the court with information (often an opinion on are particular matter) that assists the court in understanding an issue of relevance to the case

Question 2

What are three areas that an expert eyewitness must be knowledgeable in?

Answer 2

1. Functions of an expert witness
2. Understand the differences between their field and the law
3. The criteria for accepting expert testimony

Question 3

How is knowledge gained in psychology vs. law?

Answer 3

Research vs. logical thinking

Question 4

How does methodology in research different that law?

Answer 4

We find patterns that apply to most people, while the law operates on a case-by-case basis

Question 5

How does epistemology differ between research and law?

Answer 5

We uncover hidden truth, while in law, persuasion is king

Question 6

How does criteria differ between research and law?

Answer 6

For research, you need loads of replication under strict procedure. In law, it is a single case with more lenience

Question 7

How does the nature of the law differ between research and law?

Answer 7

Research: how people behave
Law: How people SHOULD behave

Question 8

How do principles differ between research and law?

Answer 8

Research: alternative explanations
Law: only one correct explanation

Question 9

What was the old model for accepting criteria in Canada?

Answer 9

Accepted testimony on basis of whether or not the scientific community for the field deemed the opinion correct

Question 10

What are the four Mohan criteria for accepting expert witness testimony?

Answer 10

1. Evidence must be relevant
2. The evidence must be necessary for assisting the trier of fact (one option must be made more or less likely)
3. The evidence must not violate any other level of exclusion (something cannot be presented that puts excessive weight on the jurors)
4. You must present something that is within you field of expertise