Topic 15- Opinions and Experts Flashcards
What is the type of evidence that witnesses may give?
Evidence of facts they personally perceive and not evidence of their opinion
What is the general rule of witnesses giving evidence?
They can only give evidence of facts they personally perceive
What are the two exceptions to the general rule of witnesses?
Non-experts- a statement of opinion if conveying relevant facts personally perceived by him
Experts- a statement of opinion which they are qualified to give as an expert
Are 3D reconstructions admissible evidence?
No
If an objection to the admissibility of expert evidence has been raised, who is the burden of proof on?
The BoP is on the party proffering the evidence to provide its admissibility
What types of evidence can a non-expert give their opinion on?
Objects- eg, handwriting which they may be familiar with
A voice they may recognise
A person’s emotions, state of mind, health
Can a non-expert give opinion evidence as to whether an accused was unfit to drive through drink?
No, only experts
However, they can give their impression as to whether the accused was drunk
How many experts must be used for an accused to be acquitted on grounds of insanity?
Two or more registered medical practitioners
What must the Court consider when choosing an expert?
Specialised experience, knowledge and study
Self-certification is insufficient
What matters require the calling for an expert witness?
Any matters which a lay person could not expected to possess sufficient knowledge or understanding of
If a tribunal of fact can form its own opinion on a matter, will expert evidence be admissible?
No, because it is unnecessary
Examples of subjects calling for expert witnesses
Ballistics
Blood tests
Handwriting ID
Gangs (usually police)
Insanity
Can an expert give their opinion on an ultimate issue?
Yes, they may give their opinion on an ultimate issue
However, they should not usurp the role of the fact-finder as the ultimate decision maker
How does an expert become a certified expert witness?
They must apply through the Expert Witness Institute
Certification requires an assessment of all the core competencies of the expert
They must be re-assessed every 5 years
What is the duty of an expert?
They are under a duty to help the court achieve the overriding objective
This is done by giving objective, unbiased opinion on matters within their area of expertise
They have no duty to the person instructing them
What are the three duties of an expert to the court?
To define their area of expertise in the report and when giving evidence
To draw the court’s attention to any questions outside their area
To inform all the parties and the court if their opinion changes
What is the main function of an expert witness’ evidence?
To enable the judge or jury to form an independent judgment with their opinion
How much weight is put on expert evidence by the court or jury?
Sufficient degree of weight should be placed on expert evidence when making a verdict
If there are no other circumstances to consider, it should be accepted by the jury and assessed prudently
