NCJ Number
168772
Journal
The Advocate Volume: 18 Issue: 1 Dated: (January 1996) Pages: 80-84
Date Published
1996
Length
5 pages
Annotation
Because Kentucky's Penal Code imposes the burden on the prosecution to prove every element of a drug case beyond reasonable doubt, experts such as police chemists are usually called in to identify the particular substance in question.
Abstract
Qualifications of expert witnesses are solely a matter for the trial judge who determines such qualifications as a matter of law. The only special thing an expert witness is entitled to do is to express an opinion. All litigants are subject to the authority of the trial judge who has discretion to decide what the jury hears. The trial judge also has control over the presentation of evidence, including expert testimony. The question of whether the jury needs the help of police officers is discussed, and relevant case law is cited. Problems that may arise when police officers involved in an arrest are also qualified as experts are considered. The author believes it is important to challenge the improper use of police officers as experts in every drug case because judges and prosecutors need to be regularly reminded that police officers are often the least relevant witnesses even though they may be the most credible witnesses.