NCJ Number
63966
Date Published
1979
Length
7 pages
Annotation
LEGAL PROBLEMS INVOLVED IN REJECTING POLICE EXPERT WITNESSES AND AGENCY REPORTS ARE ANALYZED FROM TWO PERSPECTIVES.
Abstract
WEST GERMAN COURT PROCEDURE PERMITS AGENCIES AS WELL AS INDIVIDUALS TO ACT AS EXPERT WITNESSES. WITH POLICE EXPERT TESTIMONY, USUALLY THE ENTIRE AGENCY RATHER THAN AN INDIVIDUAL EXPERT IS RESPONSIBLE FOR THE REPORT. ESSENTIALLY, AGENCY REPORTS HAVE THE SAME VALIDITY AS INDIVIDUAL REPORTS; HOWEVER, AGENCY REPORTS CAN BE READ IN COURT WHILE INDIVIDUAL EXPERTS MUST TESTIFY IN COURT IN PERSON. IF A JUDGE APPOINTS AN INDIVIDUAL MEMBER OF A POLICE AGENCY AS AN EXPERT WITNESS, THE JUDGE MUST EXERCISE GREAT CAUTION TO EXCLUDE THE POSSIBILITY OF BIAS. ALTHOUGH THE COURT CAN REJECT INDIVIDUAL EXPERT WITNESSES, IT CANNOT REJECT THE TESTIMONY OF AN AGENCY OR OF THE OFFICIAL REPRESENTATIVE OF SUCH AN AGENCY. FROM ANOTHER PERSPECTIVE, THE VALIDITY OF FORENSIC EVIDENCE DEPENDS ON THE QUALITY OF THE PROFESSIONALS ANALYSING IT. TO PROTECT THE ACCUSED'S RIGHT TO A FAIR TRIAL, ONLY THE JUDGE AND THE PROSECUTOR (NOT THE POLICE AGENCIES THEMSELVES) SHOULD DESIGNATE INDIVIDUAL POLICE EXPERT WITNESSES. THE PROBLEM OF BIAS OF POLICE EXPERTS IS INDEPENDENT OF THE WITNESS'S AMOUNT OF INVOLVEMENT IN THE CASE, ALTHOUGH AN EARLY AND SIGNIFICANT INVOLVEMENT IN THE CASE COULD, OF COURSE, INCREASE THE DANGER OF BIAS. INDIVIDUAL EXPERT REPORTS (WHICH CAN BE REJECTED BECAUSE OF BIAS) MUST BE DIFFERENTIATED FROM OFFICIAL AGENCY REPORTS (WHICH CANNOT). WHEN REQUESTING A REPORT, THE REQUESTING AGENCY SHOULD MAKE CLEAR WHAT TYPE OF TESTIMONY IT REQUIRES. FOOTNOTES ARE PROVIDED. --IN GERMAN. (SAJ)