NCJ Number
85620
Date Published
Unknown
Length
141 pages
Annotation
The study explores issues arising in case studies where scientific and technological evidence was used and proposes solutions to the problems uncovered.
Abstract
Lawyers face difficulty locating qualified experts willing to testfy, particularly when all available experts in a certain field are employed by one of the parties to the litigation. Many attorneys are reluctant or unable to prepare themselves and their experts before trial so as to be able to present the evidence cogently and to illustrate the shortcomings of the opposing side's testimony. Moreover, experts have conflicting opinions over their role in the proceedings (i.e., as either neutral purveyors of scientific fact of as part of a litigation team). Courts are unable to obtain the information, advice, and perspective needed to decide cases based on conflicting evidence. To overcome these problems, numerous strategies are proposed. For example, experts should be educated in the legal process and attorneys need to know more about the substance of a scientific field. Experts should be certified as competent and their testimony (when competing) juxtaposed so that jurors do not have to wait for days to hear what the rebuttal expert witnesses have to say about the same point. State statutes and rules of expert testimony are presented, and a list of persons interviewed and other material are appended.