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Tuesday, March 26, 2013

Crime Bulletin: The Dueling Expert Problem

     The increasing presence of dueling expert witnesses, encouraged by the procedural and adversarial nature of the criminal trial process, is a problem without a satisfying remedy. As a trial technique, defense attorneys often put expert witnesses on the stand whose main job is to muddy the waters and confuse the jury. Trial lawyers call this ploy "blowing smoke."

     If there is an answer to this muddying the waters technique, it will have to come from within the legal and forensic science professions in the form of a tighter code of ethics. Regarding battling experts, judges could help by imposing stricter standards in the area of who qualifies as an expert. (Lawyers like expert witnesses because they can render opinions. Regular witnesses cannot.) This would help keep out the phonies and reduce the opportunity for opposing testimony, particularly in the field of forensic questioned document examination where half the "experts" are under-qualified. The problem also exists in the field of forensic pathology in disputes regarding cause and manner of death. It is also not unusual to see blood spatter analysts on both sides of a case.

     Many jurors, when confronted with conflicting forensic science analysis, disregard the evidence completely. Forensic science was supposed to bring certainty and truth to the criminal justice system, not confusion. 

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