Reading an Understanding the Law

Question 1

How to qualify as an expert witness

Answer 1

According to the courts you have to show these things:

1. Expertise rule: includes an assessment of qualifications, research, peer recognition
2. Relevant field of expertise rule: demonstrating that the expert is knowledgeable in the specific area at issue

Question 2

Difficulties with expert witnesses

Answer 2

There are very few measures to define who is an expert

Question 3

Expertise Rule

Answer 3

Qualifications – usually academic but can include life experience

Expertise – two-part including (1) personal expertise and (2) reflection of the field

Beyond “common knowledge” - providing information that is beyond what an average juror would know (e.g., Battered Spouse Syndrome)

Question 4

Challenges for expert witnesses

Answer 4

Lack of understanding of the legal arena (concepts, processes, etc.)
Role: Advocacy vs. Educator
Probability vs. Certainty
Personal Beliefs/Morals
Ultimate Issue Evidence
Forensic Awareness