We all know that DNA plays a critical role in a criminal trial thanks to the things we’ve learned watching court room dramas on television. Nobody, however, really talks about the witnesses testifying on such evidence.
A lawsuit is basically an argument. One side argues one position while the other side argues an opposing one. The court sets the rules in regard to the exact issues to be covered. Ah, but what happens if the issues are complex?
Expert witnesses play a subtle, but important role in litigation. They are used to explain the complex issues that arise in such a way as to make the information understandable to the average person sitting in a jury. Let’s take a closer look.
Let’s assume we have a case involving a traffic accident. The sides might argue who was at fault. Experts might be called to testify in regard to the speed of the cars at the time of the accident, which had right of way and so on.
While experts testify in civil cases, you probably know them more by their roles in criminal matters. Specifically, they testify as to cause of death and the all important DNA tests and results that often sink or save defendants.
While experts play critical roles in lawsuits of all types, they don’t always have the impact you might expect. Why? Well, experts tend to cancel each other out if lawyers aren’t careful. One case in particular showed how this can happen.
The battle of experts in the Simpson trial was classic. The prosecution experts testified Simpson’s DNA was on various evidence, but the defense testified nobody could say how it got there. The jury ignored the DNA and acquitted him.
In more and more cases, a battle of the expert is what ultimately occurs. The jury ends up either believing one or just ignoring both sides. This somewhat defeats the purpose of having experts if you think about it.
At the end of the day, the expert witness is still an important player in the lawsuit process. Testimony prior to trial can even lead to resolutions early on. If it doesn’t, jurors are still smart enough to figure out what is going on.
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