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 Example Nonetheless, not every piece of evidence in a case is presented to the adjudicators; just the evidence that is important 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 subject area in greater depth than does the public at large’2. With the rising difficulty of cases, specifically those that involve technical or scientific issues, the expert witness has become crucial to litigation’s success. The Rule 702 states that experts have a substantial influence over usual witnesses due to the fact that they are â€Å"the only witnesses who are permitted to reflect, opine, and pontificate. Experts can provide a bridge between the particular facts of a case and patterns of fact that can be observed and understood only through much wider study†.3 In general, experts are perceived as favourable contributors in c ourt trials. Nonetheless, experts can be at the same time described as ‘hired guns’ and ‘liars’.4 Regardless, one thing is for sure: the exploitation of experts is persistent. Indeed, experts have been equated to litigations. As stated by Robert R. Detlefsen, â€Å"The expert witness has become a fixture in high-stakes civil trials†.5 This is factual for a broad 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: â€Å"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 En glish Legal System Just as the essence or value of the testimony of an expert witness differs, so does the expert witness’s 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 required to satisfy the ‘burden of proof’7 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 work and official documents of other experts.8 Moreover, experts may help lawyers make sense of the technical features of a case by analysing documents and information generated by the parties and by stu dying 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 questioning 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