Expert Witness - Experts in The Real World

Experts in The Real World

Typically, experts are relied on for opinions on severity of injury, degree of insanity, cause of failure in a machine or other device, loss of earnings, care costs, and the like. In an intellectual property case, an expert may be shown two music scores, book texts, or circuit boards and asked to ascertain their degree of similarity. In the majority of cases the expert's personal relation to the defendant is considered irrelevant.

The tribunal itself, or the judge, can in some systems call upon experts to technically evaluate a certain fact or action, in order to provide the court with a complete knowledge on the fact/action it is judging. The expertise has the legal value of an acquisition of data. The results of these experts are then compared to those by the experts of the parties.

The expert has a heavy responsibility, especially in penal trials, and perjury by an expert is a severely punished crime in most countries. The use of expert witnesses is sometimes criticized in the United States because in civil trials, they are often used by both sides to advocate differing positions, and it is left up to a jury to decide which expert witness to believe. Although experts are legally prohibited from expressing their opinion of submitted evidence until after they are hired, sometimes a party can surmise beforehand, because of reputation or prior cases, that the testimony will be favorable regardless of any basis in the submitted data; such experts are commonly disparaged as "hired guns."

Read more about this topic:  Expert Witness

Famous quotes containing the words experts, real and/or world:

    In America all too few blows are struck into flesh. We kill the spirit here, we are experts at that. We use psychic bullets and kill each other cell by cell.
    Norman Mailer (b. 1923)

    Avarice, the spur of industry, is so obstinate a passion, and works its way through so many real dangers and difficulties, that it is not likely to be scared by an imaginary danger, which is so small that it scarcely admits of calculation.
    David Hume (1711–1776)

    I date the end of the old republic and the birth of the empire to the invention, in the late thirties, of air conditioning. Before air conditioning, Washington was deserted from mid-June to September.... But after air conditioning and the Second World War arrived, more or less at the same time, Congress sits and sits while the presidents—or at least their staffs—never stop making mischief.
    Gore Vidal (b. 1925)