Use Of Expert Witnesses in Court

One of the most fundamental issues associated with criminal trials for murder is the so-called insanity plea, and the rhetorical necessity of reliance upon expert witnesses for the determination of the validity of such a defense. It has been argued for years, within and without the legal community whether expert witness testimony or input is ethically acceptable, given the severity of the crime of murder. Society is clearly divided on the subject, as the ethical right of the defendant to a fair defense, whatever his or her motivation for the alleged crime, and also the need of the judicial system to strike hard against violent criminals to protect society from future violent acts.
One ...

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curtail some of the more outlandish claims. At the same time, the law should define the helpfulness inquiry in broad terms, focusing on the extent to which psychiatric evidence offers counterintuitive explanations. Finally, courts must consider whether the evidence will be subject to adversarial testing, given the importance of ensuring the evidence is understood for its actual worth. (Slobogin)

Those in favor of psychological defense information and those against it have come together to make clear that the historical abuses of such testimony are not the intent of the judicial system and require serious review. The nature of the responsibility of both defense and prosecution make clear that the issues at hand are extremely important and must be clearly defined, and much less subjective in admission.
Experts in both defense and prosecution, as well as sociologists, educators and the expert witnesses themselves have called into question the level of influence such expert ...

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that reduce the role of the expert in the process and this plays well into the idea of the legalistic standards of the judicial system, at least in theory. The system ideally prefers to offer the decision makers, be they judges or juries, the opportunity to view information that is concrete and repeatable, testimony that has a reduced level of subjectivity and opinion. Yet, the public and the judicial systems alike are reluctant, for good reason, to experiment with the process of such an important subject. The necessity for getting it right the first time, when lives are at stake is assumed, by all, expert or novice.
Yet, both defense and prosecution experts understand the pros of ...

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Use Of Expert Witnesses in Court. (2016, September 19). Retrieved April 26, 2018, from http://www.essayworld.com/essays/Use-Of-Expert-Witnesses-in-Court/105882
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PAPER DETAILS
Added: 9/19/2016 07:50:24 AM
Category: Legal Issues
Type: Premium Paper
Words: 1592
Pages: 6

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