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 real world, experts, real and/or world:
“The real world is not easy to live in. It is rough; it is slippery. Without the most clear-eyed adjustments we fall and get crushed. A man must stay sober: not always, but most of the time.”
—Clarence Day (1874–1935)
“We find it easy to set limits when the issue is safety.... But 99 percent of the time there isn’t imminent danger; most of life takes place on more ambiguous ground, and children are experts at detecting ambivalence.”
—Cathy Rindner Tempelsman (20th century)
“Only in the problem play is there any real drama, because drama is no mere setting up of the camera to nature: it is the presentation in parable of the conflict between Man’s will and his environment: in a word, of problem.”
—George Bernard Shaw (1856–1950)
“It is not contrary to reason to prefer the destruction of the whole world to the scratching of my finger. It is not contrary to reason for me to choose my total ruin, to prevent the least uneasiness of an Indian, or person wholly unknown to me. It is as little contrary to reason to prefer even my own acknowledged lesser good to my greater, and have a more ardent affection for the former than the latter.”
—David Hume (1711–1776)