The US continues to produce bad statistics in the areas of criminal violation. In terms of incarceration rate, it's the worst among advanced countries. Greater than one in a hundred are reported to be behind bars as of the end of last year. It goes without saying that things are far from ideal but between a strong Police force and ... Read more
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There are many facets to a lawsuit that most people are not familiar with. Expert witnesses are one such facet that simply isn't explained very often in television shows and movies, but they play a critical role.
Nothing is simple these days and the same thing goes for trials. At first glance, a trial is just two parties arguing about different viewpoints of facts as they apply to a law. The problem, of course, is what happens when things get complex. The world is so complex that nobody can understand everything. This can be particularly true on a jury. Expert witnesses have the role of making the complicated simple for a jury. Consider the following. Imagine we are in a trial involving a medical malpractice claim. Is a jury going to understand the steps of a surgical procedure? Not a chance. Experts will be needed to testify what normally happens and if it did in this case. Criminal cases are where experts really come to the forefront. Testimony regarding evidence chain of custody and tests are customary. As we've seen on television, DNA evidence is where cases are made or broken. While experts play critical roles in lawsuits of all types, they don't always have the impact you might expect. Why? Well, experts tend to cancel each other out if lawyers aren't careful. One case in particular showed how this can happen. OJ Simpson was tried for the double murder of his wife and Ron Goldman. Expert testified his DNA was on evidence. Defense experts testified the evidence was flawed. They created just enough doubt that when the gloves didn't fit, he was acquitted. As the Simpson case shows, many lawsuits can end up as a battle of the experts. This really contradicts the purpose of experts wherein they are supposed to be helping the jury understand something instead of further clouding the issue. At the end of the day, the expert witness is still an important player in the lawsuit process. Testimony prior to trial can even lead to resolutions early on. If it doesn't, jurors are still smart enough to figure out what is going on.
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