Prospects of International Harmonisation in the Sphere of Forensic Document Examination in Penal Proceedings

2020 ◽  
Vol 12 (2) ◽  
pp. 32-33
Author(s):  
Adrian Szumski
Keyword(s):  
Expert Witness ◽  
Expert Witnesses ◽  
Legal Regulations ◽  
International Level ◽  
International Harmonisation ◽  
Document Examination ◽  
State Of Affairs ◽  
Document Examiners

The paper concerns the problem of international harmonisation in the sphere of forensic document examination in penal proceedings. Progressive “internationalisation” of penal cases demands that some unified standards be found in terms of the instruments being used in penal proceedings. It also affects research performed by forensic document examiners. Various techniques of forensic document examination exist, as well as various views on the value of opinion of an expert witness, and differentiated legal regulations in respective countries. Also, methods concerning verification of the skills of experts in the field of forensic document examination are different in particular countries. Such a state of affairs provokes reflections on whether opinions formulated by expert witnesses from various countries might be considered as really equivalent. It seems that it is not exactly so, and it should be ascertained that such a situation is definitely negative. Thus, there arises the necessity of at least partial harmonisation of rules in this scope, at the international level. This paper is an attempt to answer the question of if opportunities for such harmonisation exist, and if so, in which fields of matters concerning forensic document examination it is possible.

A Trial Consultant's View of the Medical Expert Witness

2013 ◽  
Vol 18 (4) ◽  
pp. 7-10
Author(s):  
Deborah Rutt ◽  
Kathyrn Mueller
Keyword(s):  
Nonverbal Communication ◽  
Expert Testimony ◽  
Medical Literature ◽  
Expert Witness ◽  
Personal Injury ◽  
Expert Witnesses ◽  
Good Teacher ◽  
Medical Expert ◽  
Medical Terms ◽  
Medical Issues

Abstract Physicians who use the AMA Guides to the Evaluation of Permanent Impairment (AMA Guides) often serve as medical expert witnesses. In workers’ compensation cases, the expert may appear in front of a judge or hearing officer; in personal injury and other cases, the physician may testify by deposition or in court before a judge with or without a jury. This article discusses why medical expert witnesses are needed, what they do, and how they can help or hurt a case. Whether it is rendered by a judge or jury, the final opinions rely on laypersons’ understanding of medical issues. Medical expert testimony extracts from the intricacies of the medical literature those facts the trier of fact needs to understand; highlights the medical facts pertinent to decision making; and explains both these in terms that are understandable to a layperson, thereby enabling the judge or jury to render well-informed opinions. For expert witnesses, communication is everything, including nonverbal communication that critically determines if judges and, particularly, jurors believe a witness. To these ends, an expert medical witnesses should know the case; be objective; be a good teacher; state opinions clearly; testify with appropriate professional demeanor; communicate well, both verbally and nonverbally; in verbal communications, explain medical terms and procedures so listeners can understand the case; and avoid medical jargon, finding fault or blaming, becoming argumentative, or appearing arrogant.

The role of forensic science and forensic examination in international cooperation in the investigation of crimes

2021 ◽  
Vol 28 (1) ◽  
pp. 179-186
Author(s):  
Valery Yu. Shepitko ◽  
Mykhaylo V. Shepitko
Keyword(s):  
Forensic Science ◽  
International Cooperation ◽  
International Criminal ◽  
Expert Witness ◽  
International Crime ◽  
National Level ◽  
Criminal Court ◽  
Theory And Practice ◽  
International Level

The application of forensic science and expertise is a necessary prerequisite for the investigation of crimes at the local and national level. Without the use of forensic science and expertise, an investigation within the framework of a criminal process becomes dead and unsubstantiated. But with the globalisation of world processes, the development of technologies, the speed of information transmission, the formation of crime outside the borders of one state and its entry into the international level has become an urgent problem, which has become a challenge in countering such crime and the need to steer forensic science and expertise towards assisting law enforcement activities. A special feature of countering the investigation of crimes was the creation of international cooperation between forensic specialists and expert witnesses even prior to the establishment of practical institutions that could counteract them in practice. Therewith, some representatives of such international unions and associations have taken serious steps in creating mechanisms for real counteraction to crimes at the international level (R.A. Reiss, G. Soderman, M.Sh. Bassiuni). Coverage of the problem of international cooperation in the investigation of crimes through the definition of the role of forensic science and expertise allowed focusing on the following blocks: 1) international associations of forensic specialists for combating crime in the historical context; 2) international criminal police organisations in combating crime; 3) international cooperation in the field of conducting forensic examinations; 4) the use of forensic and special knowledge in the activities of the International Criminal Court. Thus, a combination of theory and practice in the fight against crime is demonstrated. Historically, this is associated with the role of forensic science and expertise in recording traces of crimes, analysing them, and forming legal, forensic, and expert witness opinions. The purpose of the study is to establish the decisive role of forensic science and expertise in international cooperation in the investigation of crimes. For this, the authors turned to forensic science and expertise, historical processes that served to create substantial international organisations created to counter international crime

scholarly journals Performing Expertise: The Design of Audiovisual Links and the Construction of the Remote Expert Witness in Court

2018 ◽  
Vol 28 (5) ◽  
pp. 698-718
Author(s):  
Emma Rowden ◽  
Anne Wallace
Keyword(s):  
Cognitive Load ◽  
Empirical Research ◽  
Expert Testimony ◽  
Expert Witness ◽  
Mode Of Delivery ◽  
Expert Witnesses ◽  
Expert Evidence ◽  
Jury Trials ◽  
Technological Improvements ◽  
The Relationship

This article reports on empirical research conducted into the use of audiovisual links (videolinks) to take expert testimony in jury trials. Studies reveal ambivalent attitudes to court use of videolink, with most previous research focussed on its use for vulnerable witnesses and defendants. Our study finds there are issues unique to expert witnesses appearing by videolink, such as compromised ability to gesture and interact with exhibits and demonstrative tools, and reductions in availability of feedback to gauge juror understanding. Overall, the use of videolinks adds an additional cognitive load to the task of giving expert evidence. While many of these issues might be addressed through environmental or technological improvements, we argue this research has broader ramifications for expert witnesses and the courts. The use of videolinks for taking expert evidence exposes the contingent nature of expertise and the cultural scaffolding inherent in its construction. In reflecting on the implications of these findings, and on the way that reliability, credibility and expertise are defined and established in court, we suggest a more critical engagement with the relationship between content and mode of delivery by stakeholders.

scholarly journals Allegiance Bias in Statement Reliability Evaluations Is Not Eliminated by Falsification Instructions

2020 ◽  
Vol 228 (3) ◽  
pp. 210-215 ◽  
Author(s):  
Melanie Sauerland ◽  
Henry Otgaar ◽  
Enide Maegherman ◽  
Anna Sagana
Keyword(s):  
Sexual Abuse ◽  
Child Sexual Abuse ◽  
Expert Witness ◽  
Expert Witnesses ◽  
Case File ◽  
Abuse Case ◽  
Sexual Abuse Case ◽  
The Given

Abstract. Are expert witnesses biased by the side (defense vs. prosecution) that hires them? We examined this issue by having students act as expert witnesses in evaluating interviews in a child sexual abuse case (Experiment 1, N = 143) and tested the value of an instruction to counteract such allegiance effects. The intervention concerned an instruction to consider arguments both for and against the given hypothesis (i.e., two-sided instructions; Experiment 2, N = 139). In Experiment 3 ( N = 123), we additionally provided participants with three different scenarios. Participants received a case file regarding a case of alleged sexual abuse. With the file, participants received an appointment letter emphasizing elements of the file that questioned (defense) or supported (prosecution) the veracity of the accusation. Participants displayed allegiance bias (Experiments 1–3), but two-sided instructions were not successful in eliminating allegiance bias (Experiments 2 and 3). The findings underscore the importance of legal safeguards in expert witness work.

The Irresponsible Expert Witness: A Failure of Biomedical Graduate Education and Professional Accountability

PEDIATRICS ◽  
1982 ◽  
Vol 70 (5) ◽  
pp. 754-762 ◽  
Author(s):  
Robert L. Brent
Keyword(s):  
Expert Witness ◽  
Expert Witnesses ◽  
Contributing Factors ◽  
Witness Testimony ◽  
Expert Witness Testimony ◽  
Professional Accountability ◽  
Proper Role ◽  
And Function

Many forces have created the epidemic of negligence and malpractice litigation. One of the contributing factors to the rising rate of nonmeritorious litigation is the increasing number of unqualified and irresponsible expert witnesses. The high remuneration has attracted physican-scientists who are unaware of the proper role of an expert witness. They are frequently manipulated by the attorneys and function as partisans rather than scholars. The role of the expert witness should be taught in medical and graduate school. Testimony should be treated as a scholarly endeavor and experts should be encouraged to seek peer review of their opinions and not to testify secretly and in isolation. It is suggested that greater visibility of experts and their testimony (light of day phenomenon) should raise the quality of expert witness testimony and encourage more qualified experts to participate as expert witnesses, thus removing the stigmata usually associated with unqualified expert witnesses.

Comparison of plaintiff and defendant expert witness qualification in malpractice litigation in neurological surgery

2014 ◽  
Vol 120 (1) ◽  
pp. 185-190 ◽  
Author(s):  
Jean Anderson Eloy ◽  
Peter F. Svider ◽  
Adam J. Folbe ◽  
William T. Couldwell ◽  
James K. Liu
Keyword(s):  
Expert Witness ◽  
Medical Community ◽  
Expert Witnesses ◽  
Witness Testimony ◽  
Expert Witness Testimony ◽  
Malpractice Litigation ◽  
Scholarly Impact ◽  
Medical Licensing ◽  
Neurological Surgery

Object Expert witnesses provide a valuable societal service, interpreting complex pieces of evidence that may be misunderstood by nonmedical laypersons. The role of medical expert witness testimony and the potential professional repercussions, however, have been controversial in the medical community. The objective of the present analysis was to characterize the expertise of neurological surgeons testifying as expert witnesses in malpractice litigation. Methods Malpractice litigation involving expert testimony from neurological surgeons was obtained using the WestlawNext legal database. Data pertaining to duration of a surgeon's practice, scholarly impact (as measured by the h index), practice setting, and the frequency with which a surgeon testifies were obtained for these expert witnesses from various online resources including the Scopus database, online medical facility and practice sites, and state medical licensing boards. Results Neurological surgeons testifying in 326 cases since 2008 averaged over 30 years of experience per person (34.5 years for plaintiff witnesses vs 33.2 for defense witnesses, p = 0.35). Defense witnesses had statistically higher scholarly impact than plaintiff witnesses (h index = 8.76 vs 5.46, p < 0.001). A greater proportion of defense witnesses were involved in academic practice (46.1% vs 24.4%, p < 0.001). Those testifying on behalf of plaintiffs were more likely to testify multiple times than those testifying on behalf of defendants (20.4% vs 12.6%). Conclusions Practitioners testifying for either side tend to be very experienced, while those testifying on behalf of defendants have significantly higher scholarly impact and are more likely to practice in an academic setting, potentially indicating a greater level of expertise. Experts for plaintiffs were more likely to testify multiple times. Surgical societies may need to clarify the necessary qualifications and ethical responsibilities of those who choose to testify.

Part VII Witnesses and Perjury, 19 The Expert Witness in International Arbitration

2016 ◽  
Author(s):  
Cremades Bernardo M
Keyword(s):  
Expert Witness ◽  
Legal Framework ◽  
Expert Witnesses ◽  
International Arbitration ◽  
Court Proceedings

This chapter raises the question of whether expert witnesses are necessary or indeed appropriate in international arbitration. The expert’s role in arbitration proceedings is to testify and assist the tribunal. The expert is also a witness, but, in contrast to the legal framework for experts in court proceedings, in international arbitration they do not have to be independent of the parties. The majority of experts appearing before arbitral tribunals are employees or habitual sub-contractors of one of the parties. Regardless of an arbitrator’s background, they will require the support of an expert as they increasingly come into contact with sectors such as construction, energy, telecommunications, and concessions. However, the proliferation of expert witnesses in arbitration proceedings, and above all the phenomenon of the team of experts, have become the cause of confusion and delays.

Psychiatrists acting as expert witnesses – are they confident?

2014 ◽  
Vol 16 (4) ◽  
pp. 304-311
Author(s):  
Rohit Gumber ◽  
John Devapriam ◽  
David Sallah ◽  
Sayeed Khan
Keyword(s):  
Online Survey ◽  
Expert Witness ◽  
Continuing Professional Development ◽  
Well Being ◽  
Expert Witnesses ◽  
Court Cases ◽  
Or Education ◽  
Content Type ◽  
Court Proceedings ◽  
Training Opportunities

Purpose – The purpose of this paper is to ascertain the current competencies and training needs for being an expert witness of trainees (CT3, ST4-6) and career grade psychiatrists (consultants and staff grade, associate specialist and specialty doctors) in a UK health and well-being Trust. Design/methodology/approach – This was completed through an online survey, developed by the authors, of all career grade and trainee psychiatrists within the Trust. Findings – Only 9 per cent of respondents reported that they felt they had adequate training to feel competent as an expert witness. Despite low levels of training and confidence, 73 per cent of respondents had written an expert report. As well as shortage of training opportunities for psychiatrics acting as expert witnesses, the findings indicated increasing fear of litigation and lack of direct experience of court proceedings during training. Practical implications – Doctors need to be offered formal training opportunities including simulated training, ideally organised within Trust, Continuing Professional Development (CPD) committees or Education committees. Implementation of the RCPsych report guidance into speciality curricula and CPD opportunities for doctors would ensure a robust curriculum-based delivery of these essential skills. Originality/value – A wealth of guidance is available for expert witnesses, but no previous study had identified the specific training issues and overall confidence in competency to act as an expert witness amongst psychiatrists. It will be valuable to all psychiatrists involved in court work and organisations involved in training psychiatrists, especially in light of recent relevant court cases and removal of expert witness immunity.

The Association Between Pharmacologic Drug Intoxication and Forensic-Specific Intent

2012 ◽  
Vol 25 (1) ◽  
pp. 50-60 ◽  
Author(s):  
Keith I. Yoshizuka ◽  
Paul J. Perry
Keyword(s):  
Expert Witness ◽  
Expert Witnesses ◽  
Critical Element ◽  
Criminal Cases ◽  
Drug Intoxication ◽  
Criminal Defense

Two criminal cases are presented in which the counsel for the defendants requested an expert witness to opine whether their drug-intoxicated clients were capable of forming the specific intent necessary to commit the felonies for which they were charged. Intent from a legal standpoint is often times a poorly understood concept among expert witnesses. The application of a criminal defense of intoxication depends upon the nature of the crime the defendant is accused. The intoxication defense cannot be applied to general intent crimes. In cases where specific intent crimes are charged against the defendant, voluntary intoxication may be used to prove that the defendant could not possess the capacity to formulate the intent as a necessary element of the crime. Voluntary intoxication may be used as a defense in specific intent crimes to negate the critical element of intent required for the prosecution to prove in criminal cases. Without being able to prove intent, the prosecution has not met their burden of proving that every element of the crime has been met, thus resulting in an acquittal.

CRIMINOLOGICAL AND PENAL ASPECTS OF ISSUING A FALSE OPINION BY AN EXPERT WITNESS - DRAFT REPORT ON RESEARCH PROJECT WITH PROPOSALS FOR CHANGES IN THE LAW DETERMINING THE LEGAL STATUS OF EXPERT WITNESSES

2020 ◽  
Vol 136 (4) ◽  
pp. 360-375
Author(s):  
KRZYSZTOF JÓŹWICKI
Keyword(s):  
Expert Opinion ◽  
Justice System ◽  
Legal Status ◽  
Expert Witness ◽  
Criminal Responsibility ◽  
Negative Impact ◽  
Penal Code ◽  
Expert Witnesses ◽  
Expert Evidence ◽  
Draft Report

Evidence in the form of an expert opinion is usually of key importance for settling a pending case in any type of proceedings. In some cases, the role of the expert witness is closer to that of a judge rather than that of a witness, since a judge who does not have special knowledge often has to use evidence given by an expert to render a judgement. For this reason, issuing a false expert opinion results in a very high risk of delivering a wrong and unfair decision in a given case, which in turn has a negative impact on the social perception of the functioning of the justice system. In the Polish Criminal Code, criminal responsibility for issuing a false opinion is stipulated in Article 233 (4) and (4a) of the Penal Code. At the same time, despite a very large number of reports of suspicion that a crime has been committed by an expert witness, only a negligible number of investigations result in a bill of indictment and a conviction, which causes virtual impunity of perpetrators and has a negative impact on the functioning of criminal justice. Due to the diagnosed research gap in this area, the need to investigate and describe the phenomenon of issuing false opinions by expert witnesses, both in normative and criminological terms, on the basis of empirical research, has been clearly seen. The main objective of the research has been to characterise the phenomenon in question on many levels and to determine its real extent, its etiology and symptomatology. An additional aim of the research has been the verifi cation of research hypotheses and recognition of the normative sphere of the expert witness’s status, expert evidence, and principles of responsibility for issuing false opinions. The research fi ndings have resulted in proposals of solutions aimed both at limiting the phenomenon of issuing false opinions and more effective prosecution of perpetrators of crimes under Article 233 (4) of the Penal Code, which in turn may translate into more effi cient functioning of the entire justice system, as expert witnesses and their work are an extremely important aspect of thereof. The conducted research has fully confi rmed the research hypotheses and precisely indicated defective areas of expert evidence, and consequently the need to introduce immediate legislative changes. Some of the research conclusions and de lege ferenda postulates were implemented into the amended provisions of the Penal Code in 2016, which fully confi rms their legitimacy. Unfortunately, there is still no legal act of statutory rank which would comprehensively regulate the status of expert witnesses and expert evidence.

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