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by: AnthonyArmand
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We all know that DNA plays a critical role in a criminal trial thanks to the things we've learned watching court room dramas on television. Nobody, however, really talks about the witnesses testifying on such evidence.
A lawsuit is basically an argument. One side argues one position while the other side argues an opposing one. The court sets the rules in regard to the exact issues to be covered. Ah, but what happens if the issues are complex?
When things get complex, expert witnesses are introduced to a trial. They have one duty. They must explain complicated things in simple terms you and I can understand if we are on the jury. A few examples will help.
Image a drunk driving trial. It seems straight forward, but what about the complexities of determining blood alcohol content? It is a scientific measurement that only an expert witness can testify to.
As we've all seen on television, experts play an important role in criminal cases. They testify regarding evidence and what it shows. The classic example is DNA evidence wherein the identity of a person is associated with the evidence offered.
Does expert witness testimony always prevail in lawsuits? No. One of the strategies commonly used is to nullify the impact of experts by having other experts testify against them. There is a rather famous case where this worked.
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.
In more and more cases, a battle of the expert is what ultimately occurs. The jury ends up either believing one or just ignoring both sides. This somewhat defeats the purpose of having experts if you think about it.
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.
Anthony Armand writes about psychiatric expert witness issues for PsychiatricExpertWitness.com. Visit the Uber Article Directory to get a totally unique version of this article for reprint.