Expert Evidence

Expert witnesses is a pivotal element in criminal cases. The testimony of evidence by experts may address key factual issues in a case. For example, forensic evidence of experts may be utilized to identify a suspect, such as fingerprints, and DNA. The expert evidence may also be used as explanatory evidence. This type evidence may be used in order to clarify psychological testimony or complex evidence. Moreover, causation expert evidence may also be used to explain how an incident occurred. Factual expert evidence is also a significant key in trial because it allows test to be introduced such as alcohol and or drug tests. As a final point, memory expert evidence, such as testimony about eyewitness identifications, memory recovery and polygraphs are also admissible to aid the jury in witness testimony.

Experts Must Be Qualified

Courts are cautious in the admissibility of expert testimony and make sure the experts that are used at trial are qualified and relevant to the case at hand. Expert witnesses are appropriate when the helpful standard is used pursuant to Fed.R. Evid. 702. The testimony of experts is allowed if scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise; if (1) the testimony is based upon sufficient facts or data, (2) the testimony is the product of reliable principles and methods, and (3) the witness has applied the principles and methods reliably to the facts of the case. Moreover, the statute signifies, "a strong and undeniable preference for admitting any evidence which has the potential for assisting the trier of fact." There are three requirements for expert testimony: (1) that the expert be qualified; (2) that the substance of the testimony be a proper subject for expert testimony; and (3) that the testimony be helpful to the trier of fact.

Excluding Expert Testimony

Additionally, if the expert testimony would be helpful and relevant with respect to an issue in the case, the trial court does not have to exclude the expert just because the testimony can cover matters that are within the average juror's comprehension. Expert testimony is usually excluded when the testimony will not assist the jury, therefore is not helpful. Moreover, expert witness may also be excluded if the value of the testimony is substantially outweighed by prejudice. Expert witness testimony is inadmissible if it is cumulative, time consuming or a waste of time.

The Court Makes the Final Decision On Experts

Qualifications required for expert testimony are significant because the court must determine whether a witness is reliable. In general, the witness needs to have "scientific, technical or other specialized knowledge" that "will assist the trier of fact to understand the evidence or to determine a fact in issue." Moreover, formal study is not required and basic knowledge, skill, experience, training, or education is sufficient. The court exercises considerable discretion in allowing an expert to testify at trial.

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