When discussing the extent to which expert opinion evidence in criminal proceedings is admissible and therefore reliable, four requirements have been introduced in common law that the expert should comply with when giving his expert opinion evidence. These requirements include assistance, relevant expertise, impartiality, and evidentiary reliability. It is important to note that these requirements are part of the guidelines that inform judges and jury on how to examine the reliability and admissibility of expert opinion evidence. In order for expert opinion evidence to be admissible and therefore reliable, the information presented must be wholly based on expert’s specialized knowledge and experience as judges and juries will not have the…
The standards that are used by courts to determine who is qualified to be an expert witness are first and foremost familiarity and competency in the subject matter. The witness must possess education and knowledge of the subject, as well as practical experience and training in the subject. While there is no absolute law as to the extent of the amount of knowledge and experience is needed to qualify as an expert witness, it is encouraged that at a minimum he or she is able to put their…
Neurology Field of Medicine and Neurology Expert Witnesses When looking for an expert witness in the field of Neurology, the best candidates are those who have had extensive training in the treatment of all neurological diseases in both adults and children. A neurological expert witness must have the ability to explain complicated methods and procedures, technical medical data as well as interpret opinions about a certain set of facts to the court. Expert Neurological Testimony A. The purpose…
There are many problems that are associated with expert testimony focused around testimony invading the province of the jury, it being too adversarial and not impartial, taking too much of a courts time, introducing irrelevant information, and it is often founded on an insufficient scientific base. Smith (1989) cited eight potential problems with expert testimony. One problem is that the scientific base for the testimony is inadequate and can lead to unreliable information and potentially…
Expert witness testimonies must be scientific, technical, and specifically relevant that will acknowledge the trier of fact to define evidence and determine the fact of the issue. Evidence obtained by expert witness’s must be based off of sufficient facts produced by applicable, reliable, principles and methods. In response to Daubert v. Merrill Daw Pharmaceuticals ( 509 U.S. 579 (1993), and other cases applying the Daubert standard. Under the Daubert standard the expert’s theory must be…
The experts bring up the fact that at Sea World employees are told to say, “Killer whales in the wild live a shorter life than in captivity” (Blackfish). While in captivity, killer whales only live to be around the age of 30 (Blackfish). According to one of the experts in the film who is an OSHA expert witness and whale researcher, Dave Duffus, he says, “Killer whales that live their life in the wild have the same life span of humans” (Blackfish). By using someone who has experience in this…
personal feelings aside. Organization Skills, Good Judgment, and Expert Knowledge Working on projects requires good time management and organization skills to keep the project moving in the right direction and meeting deadlines. If the consultant is disorganized it can be difficult to meet deadlines and keep the project moving in the right direction leading to frustration and project failure. There may be other times when working with organizations to help solve their issues, there may be…
According to the Daubert standard, there are several important factors that need to be met before an expert witness’ testimony may be admissible in a court of law. For instance, the law requires that any tool or assessment that acts as evidence to be based on a practice or method that is widely acceptable to others working within that specific scientific field or science. Therefore, in this particular case example, the judge would start by first identifying the exact methods by which the…
In light of the results and limitations of this study, there are several implications for professional development research and practice, and for brokerage theory. First, this study represents a step in understanding how the professional development field is structured. Professional development has received a great deal of research attention, but very little has explored the internal workings of the field itself. Little is known about the organizations and actors involved in professional…
After reading the chapter “Project Classroom Makeover”, readers may have spotted that expert knowledge and collective knowledge, as well as crowd sourcing, were mentioned in the story, and more importantly, were being labeled as two completely different forms of knowledge acquisition that are in constant battle with each other. In fact, Cathy Davidson, the author of the story, stated how “crowd sourcing is suspicious of expertise, because the more expert we are, the more likely we are to be…