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The expert witness: understanding the rationale
1University of California, San Francisco, UCSF-Mt. Zion Hospital, Radiology H2804, 1600 Divisadero Street, San Francisco, CA 94115-1667, USA. james.brenner@radiology.ucsf.edu
Journal of the American College of Radiology : JACR
|September 12, 2007
Summary
Expert witnesses aid courts in understanding conduct and standard of care. Rules and decisions encourage expert testimony, with judges deciding admissibility and counsel guiding juries on reliability.
Area of Science:
- Legal Studies
- Forensic Science
Background:
- Expert witnesses have a historical role in judicial proceedings to clarify complex issues.
- The legal framework has evolved to incorporate expert testimony while mitigating bias.
Purpose of the Study:
- To examine the origins and evolution of expert witness testimony in legal settings.
- To understand the role of judges and legal counsel in managing expert evidence.
Main Methods:
- Analysis of legal precedents and rules of evidence concerning expert witnesses.
- Review of judicial practices in admitting and evaluating expert testimony.
Main Results:
- Expert testimony is increasingly encouraged but subject to judicial gatekeeping to prevent bias.
- Judges determine the admissibility of expert witnesses, while attorneys shape jury perception of their value.
- Sanctions for expert misstatements exist but are often secondary to the trial's progression.
Conclusions:
- The use of expert witnesses is a dynamic aspect of the judicial process, balancing the need for specialized knowledge with the prevention of undue influence.
- Jurisdictional variations exist in the application of rules governing expert testimony.
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