Saturday, June 22, 2019

Critically discuss the selection, role and responsibilities of the Essay

Critically discuss the selection, role and responsibilities of the expert witness in the criminal justice system - Essay ExampleNonetheless, not every piece of evidence in a case is presented to the adjudicators just the evidence that is consequential and acceptable serves a function in the conclusion of a case. Hence, an expert is defined in the legal system as a person who, by reason of education or special training, possesses knowledge of a particular strung-out area in greater depth than does the public at self-aggrandising2. With the rising difficulty of cases, specifically those that involve technical or scientific issues, the expert witness has become crucial to litigations success. The Rule 702 states that experts founder a substantial influence over usual witnesses due to the fact that they are the only witnesses who are permitted to reflect, opine, and pontificate. Experts can provide a bridge amid the particular facts of a case and patterns of fact that can be observe d and understood only through much wider study.3 In general, experts are comprehend as favourable contributors in court trials. Nonetheless, experts can be at the same time described as hired guns and liars.4 Regardless, one thing is for confident(predicate) the exploitation of experts is persistent. Indeed, experts have been equated to litigations. As stated by Robert R. Detlefsen, The expert witness has become a fixture in high-stakes civil trials.5 This is factual for a abundant array of explanations, not the least of which is the growing difficulty of issues that comprise contemporary tort litigation and the continuously evolving procedures in the management of business processes the use of experts in courtroom trials is so prevalent today that the question confronting litigators is usually not whether to hire an expert witness, but rather how many to employ and where to find them.6 Hence, this essay will discuss the selection, role, and responsibilities of the expert witness in the criminal justice system in the UK. Role of Expert Witnesses in the English effectual System Just as the essence or value of the testimony of an expert witness differs, so does the expert witnesss role in the legal system. In several instances, the expert witness is employed to discern issues or loopholes in the statement of fact witnesses. Expert statement, in other instances, is inevitable to satisfy the burden of proof7 so as to create a defence or claim. Expert witnesses, occasionally, are used mainly to compete with the experts of the opposing side and to further strengthen the defence or claim of the proponent. Even though experts are generally determined by their role as witnesses at litigations or in deposition, they can help lawyers in the establishment of the case prior to trial as well. Lawyers may use experts to assess the serve and official documents of other experts.8 Moreover, experts may help lawyers make sense of the technical features of a case by analys ing documents and information generated by the parties and by studying and analysing subject matters in a case.9 Furthermore, experts can assist in the preparation of requests for information and documents which may turn into acceptable proofs, or they can formulate questions for cross-examination and direct inquisitive of witnesses.10 Expert recommendation may be crucial in strengthening the case prior to the trial by formulating compelling causation theories11 which should be presented to and reviewed by the jury. Another major role of expert witnesses may be to carry out trials linked to a component implication in the litigation and to

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