To what extent are "expert" witnesses responsible for miscarriages of justice.

[rondouglas]

This is very interesting.

In Canada, Many litigators have experienced trials where experts for one party adopt a subjective, partisan and overtly adversarial role in litigation, and this situation has prompted changes in legislation.

You can read about the changes here. (http://surftofind.com/trialbyjury)

What do you think, are most "experts" hired guns for one side or the other?

[NatalieB]

I don't know that most are hired guns, but with the likes of, Henry Lee, Michael Baden, Cyril Wecht, Park Dietz, etc.., etc..., I think there are some hired guns that don't care about anything but the almighty dollar. I think they really reduce a justice system's standards and I wish there were laws in place that would keep them from being rewarded for such behaviors. Actually, I wish there would be harsh consequences for such behavior. Till we stop rewarding them, ethics mean nothing.

[rondouglas]

In Canada, socialized medicine restricts the money that doctors can make, but a hired gun who testifies in court can earn as much money as he wants to.

Now that's Capitalism, but is it justice?

[rondouglas]

I borrowed this from a poster, kudo to her I don't remember who.

How does homicide become a suicide? You write a big fat check," Jackson said. He referred to the amount one witness received as a "horse-choking $181,000" and said the defense's $419,000 bill for all its forensic experts was evidence that "if you can't change the science, you buy the scientist." IN MR. HUNK"S OPINION......... mine too:thumbsup:

That's terrible.

That's like, if you can't change the facts, adjust them.

[mafitz701]

This is a great topic for the forum. And thought provoking. But I have no answers for it either. The fact is that they will always exist, and there will always be those that discredit their profession to make the fast buck. I do think that they can indeed bring about miscarriages of justice.

[rondouglas]

This is a great topic for the forum. And thought provoking. But I have no answers for it either. The fact is that they will always exist, and there will always be those that discredit their profession to make the fast buck. I do think that they can indeed bring about miscarriages of justice.


I agree, it is probably a primary cause. Some experts manage to manipulate juries for decades, sending dozens of innocent people to jail, before they are ultimately disgraced.

[warhorse46]

When you say experts, you must remember the Pathologist who did the autopsy in murder trials is also an expert but is paid his/her normal salary for the autopsy & testimony. So do you think the Pathologist who is paid by the state is a hired gun too?

[rondouglas]

When you say experts, you must remember the Pathologist who did the autopsy in murder trials is also an expert but is paid his/her normal salary for the autopsy & testimony. So do you think the Pathologist who is paid by the state is a hired gun too?

If the pathologist slants evidence to give the prosecution what they want (a conviction) rather than an objective analysis, then he is acting like a hired gun, so it doesn't make any difference.


That's a good point warhorse, it isn't always about money. Sometimes, it's just an excessive desire to go along with the crowd, right or wrong...