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Decisional Dimensions in Expert Witness Testimony - A Structural Analysis
Alex Biedermann1,2, Kyriakos N Kotsoglou3
1School of Criminal Justice, Faculty of Law, Criminal Justice and Public Administration, University of Lausanne, Lausanne, Switzerland.
Forensic science expert testimony requires better understanding of decision-making processes. Clarifying roles of experts and fact-finders improves legal adjudication and mutual understanding in the justice system.
Area of Science:
- Forensic Science
- Legal Adjudication
- Decision-Making Theory
Background:
- The intersection of forensic science and legal adjudication presents challenges in communicating complex scientific information to lay fact-finders.
- Existing legal processes grapple with integrating general scientific knowledge from expert witnesses into specific case decisions.
- There is a need to address the empirical and normative dimensions of expert witness testimony and its impact on legal outcomes.
Purpose of the Study:
- To critically analyze the systemic relationship between forensic science expert testimony and legal adjudication.
- To clarify the nature of expert witness testimony by examining empirical, normative, and doctrinal perspectives.
- To advocate for a decision-making framework that enhances understanding between expert witnesses and fact-finders.
Main Methods:
- A critical transversal analysis of current empirical, normative, and doctrinal understandings of expert witness testimony.
- Examination of real-world examples from forensic science reporting.
- Review of policy documents from professional bodies in forensic science.
Main Results:
- The relationship between forensic science and legal adjudication is complex, particularly concerning the communication of scientific knowledge.
- Current focus on formal reasoning methods in expert testimony overlooks the crucial role of judgment and decision-making.
- Structural features of expert testimony are integral to a broader decision-making process.
Conclusions:
- Understanding the decisional dimension of expert witness testimony is vital for clarifying the roles of experts and fact-finders.
- Improved mutual understanding between experts and fact-finders can enhance the quality of legal adjudication.
- Integrating decision-making principles into the analysis of expert testimony offers a frontier understanding in forensic science and law.
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