NCJ Number
55556
Journal
Journal of the Forensic Science Society Volume: 18 Issue: 1 & 2 Dated: (JANUARY/APRIL 1978) Pages: 5-12
Date Published
1978
Length
8 pages
Annotation
A LAWYER ADVISES FORENSIC SCIENTISTS ABOUT WAYS IN WHICH THEIR TESTIMONY AS EXPERT WITNESSES IN CRIMINAL TRIALS CAN BE MORE EFFECTIVE AND URGES BETTER COMMUNICATION BETWEEN TRIAL LAWYERS AND FORENSIC SCIENTISTS.
Abstract
FORENSIC SCIENTISTS ARE UNIQUE IN THAT THEIR PROFESSION INEVITABLY BRINGS THEM INTO CONTACT WITH MEMBERS OF ANOTHER PROFESSION IN A WORKING SITUATION; I.E., LAWYERS. BOTH THE LAWYER AND THE SCIENTIST ARE PLACED IN POSITIONS DEPENDENT UPON ONE ANOTHER WHEN CRIMINAL EVIDENCE IS INVOLVED. SOME PROBLEMS ARISING OUT OF THIS RELATIONSHIP ARE DESCRIBED PERTAINING TO RELEVANCY OF EVIDENCE, INTRODUCTION OF EVIDENCE, EXPERT TESTIMONY, GIVING EVIDENCE, CROSS-EXAMINATION, WORDING, AND FAILURE TO TEST THE EVIDENCE. IT IS SUGGESTED THAT LAWYERS CONSULT WITH FORENSIC SCIENTISTS PRIOR TO THE TRIAL TO DISCUSS THE IMPORTANCE OF EVIDENCE, DECIDE THE ORDER AND EMPHASIS TO BE ACCORDED TO IT, REHEARSE IT, AND REDUCE IT TO NONTECHNICAL TERMS. EXPERT WITNESSES SHOULD NOT ALLOW THEMSELVES TO BE FORCED INTO ANSWERING QUESTIONS FOR WHICH A TRUTHFUL ANSWER CANNOT BE CONSTITUTED DURING CROSS-EXAMINATIONS, BE CAREFUL IN WORDING THE TESTIMONY SO THAT THE LAWYER AND THE WITNESS WILL BE USING THE SAME DEFINITIONS OF TERMS, REFRAIN FROM USING STATISTICAL PROBABILITY EVIDENCE, AND REALIZE THAT TRIAL LAWYERS' FAILURE TO CHALLENGE AN EXPERT WITNESS IS A PROBABLE SIGN THAT THEY ACCEPT THE TESTIMONY ENTIRELY. OPEN COMMUNICATION BETWEEN LAWYERS AND FORENSIC SCIENTISTS IN AND OUT OF COURT IS RECOMMENDED. REFERENCES ARE PROVIDED. (DAG)