NCJ Number
127880
Journal
Law and Psychology Review Volume: 13 Dated: (Spring 1989) Pages: 103-118
Date Published
1989
Length
16 pages
Annotation
After reviewing the history of expert testimony, this article discusses the opinion rule, the purpose of expert testimony, its effectiveness, and its influence.
Abstract
The proper function of expert testimony is to educate triers of fact in areas beyond their knowledge or understanding so they may decide complex issues in an informed manner. The legal community's concern is that jurors are not capable of determining the reliability of elaborate, highly technical testimony. This task becomes particularly difficult when the opposing sides present contradictory expert opinion. Since the intention of expert testimony is to enlighten jurors and facilitate informed jury decisionmaking, the courts must assist the jurors by making careful decisions regarding whether a witness is qualified to testify as an expert. The court must also decide whether the expert's testimony will assist the jury in understanding and deciding the complicated issues of the case. If expert testimony is so technical and complicated that it can only confuse the jury, it should be excluded. If it becomes clear that the current means of selecting and using juries is inadequate to decide complicated lawsuits in a competent and fair manner, then another means must be established to decide such cases. 89 footnotes