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This a bit misaligned, blame shifting. I will be the first to admit there are unscrupulous, fame seeking, and overzealous expert witnesses out there. But, the
by WaitWaitWha 3y ago
This a bit misaligned, blame shifting. I will be the first to admit there are unscrupulous, fame seeking, and overzealous expert witnesses out there. But, there are mechanisms in the courts to filter most of them out. I just think it is not done for money, time, career, or political reasons.
I have seen this fail both in the adversarial (e.g., US) and elsewhere in inquisitorial (e.g., EU) court systems.
In the adversarial courts, time and time again I watch lawyers refuse to hire expert witnesses for their own side because <insert hubris here>.
Overall, there is also the opportunity for a voir dire of the expert witness. Failure to perform that is again lawyers' fault.
So, who is to blame for all the mistakes? Yes, all of them.
Final note regarding experts in court, specifically around professional expert witnesses - there is a racket in the industry where new-comers are kept out. The expert witness industry does some gatekeeping not only for expertise, but for retiring law enforcement in some jurisdictions. For example, in some US states a digital forensics expert required to be a licensed Private Investigator, unless former law enforcement. The PI licensing requirement are completely irrelevant for the expert witness role.
Personal anecdotal experience - Lawyer thinks he is technologists, refuses to hire expert witness, begs expert to come middle of the case. Lawyer hires cheapest expert, opposing expert makes haggis out of cheapest expert.
Funniest one was where in a small court the State's expert start going off on some cockamamie ideas about transference. The opposing expert was an instructor and had one of her classes in court to learn. The class burst out laughing, and the judge had to gavel. When she got on the stance, it was just glorious, torturous evisceration.
- cool_dude85 3y ago> time and time again I watch lawyers refuse to hire expert witnesses for their own side because <insert hubris here>. Because they are very expensive and most regular people don't have money for them? Because public defenders have a few minutes to look over a case and don't have time or resources to bother with this level of care? Which of the two are caused by hubris?
- WaitWaitWha 3y agoThis is not a binary situation. I am writing that the choices made by lawyers are often for hubris, not lack of resources. This is my anecdotal experience, which is why I included qualifiers.
- qingcharles 3y agoMost criminals can't afford expert witnesses. It is as simple as that. The court is supposed to intervene and force the State to pay for them, but it's such a nightmare it rarely happens. I had an expert witness testify for the prosecution against me and I thought he was fantastic, very fair and very knowledgeable.