Lesson 4 - Court Testimony Flashcards
What is an expert witness?
A witness who testifies about technical and scientific issues as they relate to the case. They give opinions in areas that will help the judge understand and decide the case.
How can expert witness evidence be given?
Through testimony and written expert reports
What is the purpose of an expert witness?
Assist and educate the trier of facr
What is a voir dire for qualification?
A separate hearing in which the court determines the competence of a witness or to determine whether a witness is qualified to give evidence.
Who is present in a voir dire for qualification?
Takes place in presence of jury
What is a voir dire for admissibility?
Separate hearing in which the court determines whether evidence is admissible and can potentially be entered into evidence in the trial.
Who is present at a voir dire for admissibility?
Takes place in absence of jury.
What do judges look for when evaluating an expert witness? (9)
Education and training
Employment experience
Publications
Awards and honours
Teaching experience
Professional associations, licenses, certification
Speeches and/or presentations
CE
Prior testimony
What additional factors do judges also consider when qualifying an expert witnes?
Appearance and demeanor
Communication skills
List the four tenets of the Mohan test.
The opinion must be relevant
The opinion must be necessary to assist the trier of fact to draw the correct inference
The absence of any other exclusionary rule
The required qualifications of the proposed expert
Outline the two-step test created in R. v. Abbey.
- Threshold requirements of admissibility set out in Mohan
- Cost/benefit analysis: probative value vs. prejudicial effect
What did the SCC hold in White Burgess?
Potential bias should be properly considered as part of the qualified expert factor on the Mohan framework. If an expert is unable or unwilling to provide an independent and impartial opinion, then they are not a properly qualified expert.
How can an expert witness prepare for trial?
Know the case file well
If possible, meet with Crown and Defence lawyers before testimony
What should expert witnesses keep in mind when testifying?
Refer to notes, ask judge first
Answer questions the same regardless of who is asking
Take your time
Ask for clarification
Say “I don’t know”, “outside of my realm of expertise”
Give examples of ethical violations of expert witnesses.
Outright false data
Investigation not done
Data altered
False testimony
Intentional ignoring of available data
Recanting prior contra-positions
Assignments beyond competence
Accepting unauthorized attorney influence
Conclusion reached before research
Conflicts of interest
Fraudulent credentials
