We are litigious society. Instead of picking up weapons, we sue each other. Ah, but what if the subject matter of the case is so complex that most of us can’t figure it out. You know – something like programming your old VCR.
In cases covering complex subjects, it is often advisable to retain an expert witness. The expert has a number of roles. First, he or she consults with the attorney regarding the merits of the case. Second, the expert is charged with reviewing all the evidence and authoritative subjects on the matter. Third, the expert is charged with rendering an opinion regarding the subject. Fourth, the expert witness has the task of explaining a complex subject in such a way that a jury can readily understand it.
The role of Expert Witness has really grown over the last 20 years or so. The decision to televise high profile cases has turned them into semi-celebrities. This has introduced ego to the situation and, in the opinion of some, the cynical situation where certain experts are willing to say anything for a buck.
What is clear is the proliferation of witnesses has created a unique legal strategy. Some attorneys use experts to simply attack and confuse the issue in rJelation to what the opposing expert is testifying about. This classic situation arose during the OJ Simpson murder trial.
The prosecution was relying heavily on DNA evidence while prosecuting O.J. DNA evidence can be very convincing, so the defense brought in experts to attack the evidence and the prosecution experts. The experts went back and forth for days on end. By the end of the testimony, the jury was undoubtedly bored silly and confused. Then the prosecution made the blunder of the decade by having OJ try on the infamous gloves. When confronted with confusing DNA or gloves that don’t fit, we all know what the jury went with.
The role of expert witnesses is to bring clarity to the jury. That being said, it doesn’t always work out that way.
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