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Wednesday, March 27, 2013

Expert Testimony: Should the Jury or Judge Decide?

According to Britannica, an expert witness is one who must(prenominal) switch vary knowledge, skill, or experience in the area of their testimonial. For the closely part, they do not testify concerning facts but draw inferences from them. It is their specialized knowledge that differentiates expert witnesses from fact witnesses and allows them to testify using conclusions and opinions quite a than just facts. This power can cause problems in the courtroom, such as presentations of bow information or jury confusion, which is why judges have taken it upon themselves to act as gatekeepers with see to admission of expert testimony. What is legally allowed as expert testimony has been debated for centuries and opinions on rigidity of admission standards have changed over time. trinity major cases, Daubert v. Merrell Dow Pharmaceuticals, Khumo v. Carmichael, and Frye v. U.S. have had a significant impact on the admissibility criteria of expert testimony and heightened the debate of judges rights to act as gatekeepers.
Expert witnesses are collected in the courtroom in order to clarify scientific ideas or relate world(a) truths to the jury. There are many different types of experts, including credentialed, experiential and academic.

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The pop the question of each type of witness is to clarify a scientific concept crucial to a specific case that a jury would not otherwise understand. These experts hold a freshet of power in the courtroom because they can give conclusions establish on certain facts, and if a jury believes them, the experts essentially supersede the jury in the decision-making process (Justice Learned Hand). Judges need to make sure that each of these experts are qualified luxuriant to give an opinion that would not taint the jurys opinion in a wrongful way. However, while making a decision on which experts are allowed, judges must maintain a careful balance between preventing bias and junk science in the courtroom while not denying the jurys right to see all germane(predicate) evidence.
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