Expert witness

An expert witness, particularly in common law countries such as the United Kingdom, Australia, and the United States, is a person whose opinion by virtue of education, training, certification, skills or experience, is accepted by the judge as an expert. The judge may consider the witness's specialized (scientific, technical or other) opinion about evidence or about facts before the court within the expert's area of expertise, to be referred to as an "expert opinion". Expert witnesses may also deliver "expert evidence" within the area of their expertise. Their testimony may be rebutted by testimony from other experts or by other evidence or facts. The forensic expert practice is an ancient profession. For example, in ancient Babylonia, midwives were used as experts in determining pregnancy, virginity and female fertility. Similarly, the Roman Empire recognized midwives, handwriting experts and land surveyors as legal experts. The codified use of expert witnesses and the admissibility of their testimony and scientific evidence has developed significantly in the Western court system over the last 250 years. The concept of allowing an expert witness to testify in a court setting and provide opinionated evidence on the facts of other witnesses was first introduced by Lord Mansfield in the case of Folkes v. Chadd in 1782. In this particular case, the court was hearing litigation regarding the silting of Wells Harbor in Norfolk and allowed leading civil engineer, John Smeaton, to provide scientific rationale behind the proposed legislation. The decision by the English Court to allow for an expert to provide contextual background and detail on a case is often cited as the root of modern rules on expert testimony. Expert witnesses are called upon in the court system to serve as an objective party to the lawsuit and never function as an advocate for one side or the other. Expert witnesses are present in litigation to explain complicated scientific issues, not to influence the jury or judge with fervor.

About this result

This page is automatically generated and may contain information that is not correct, complete, up-to-date, or relevant to your search query. The same applies to every other page on this website. Please make sure to verify the information with EPFL's official sources.

Related publications (2)

Related concepts (14)

Related courses (1)

Related lectures (7)

The triangular value of patents

Albina Khairullina

This thesis addresses the question of a patent value from three different angles. It comprises three papers on the patent valuation methods. The patent valuation issues are well-known to the world of

EPFL2020

Fusion of audio and video information for multi modal person authentication

Benoît Duc

We present an algorithm functioning as a supervisor module in a multi-expert decision making machine. It uses the Bayes theory in order to estimate the biases of individual expert opinions. The biases

1997

Expert witness

Evidence (law)

The law of evidence, also known as the rules of evidence, encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. These rules determine what evidence must or must not be considered by the trier of fact in reaching its decision. The trier of fact is a judge in bench trials, or the jury in any cases involving a jury. The law of evidence is also concerned with the quantum (amount), quality, and type of proof needed to prevail in litigation.

Forensic science

Forensic science, also known as criminalistics, is the application of science to criminal and civil laws. During criminal investigation in particular, it is governed by the legal standards of admissible evidence and criminal procedure. It is a broad field utilizing numerous practices such as the analysis of DNA, fingerprints, bloodstain patterns, firearms, ballistics, and toxicology. Forensic scientists collect, preserve, and analyze scientific evidence during the course of an investigation.

PENS-318: Border Forensics

The course will introduce students to the spatial politics of state borders and social boundaries, focusing on particular situations in Switzerland, and how methods of spatial, geostatistical analysis

Explores Riemann integral, convergence, and limit processes, emphasizing continuity and monotonic convergence.

Covers essential concepts in LabVIEW, including data structures, array manipulation, graph customization, and image processing.

Explores randomness in social processes, focusing on the selection of authority roles.