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

rondouglas · #1 04-01-2009, 04:20 PM

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.

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

NatalieB · #2 04-01-2009, 07:49 PM

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 · #3 04-01-2009, 09:59 PM

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 · #4 04-02-2009, 12:29 AM

Quote:

Originally Posted by SNAZZY

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

That's terrible.

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

mafitz701 · #5 04-02-2009, 01:35 AM

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 · #6 04-02-2009, 09:18 AM

Quote:

Originally Posted by 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.

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 · #7 04-02-2009, 11:58 AM

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 · #8 04-02-2009, 07:49 PM

Quote:

Originally Posted by 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?

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...