Tuesday, February 3, 2015

Truth vs. Believability of Expert Witnesses


The truth should always be the main factor in the outcome of a legal case. In reality, we as individuals, frequently make decisions based on who seems believable, honest, or motivated. Jurors base their decisions more on courtroom drama and who appeared believable or most genuine, than on scientific facts and figures and often do not understand the facts. Thus, when choosing an expert witness, factors such likability and trustworthiness, confident body language, and speaking with authority are just as, or more, significant than real expertise. Witnesses who will speak with warmth and make an attempt to spell out the facts in a way a layperson can comprehend are crucial in winning a case. Expertise and credentials are required to allow the expert witness to testify, but play merely a minor role in persuading juries. Some believe that the current legal system in which each side pays and gets expert witnesses, enables the facts to become unimportant in the decision making process. Some have even suggested that so as to rebuild the value of facts, expert witnesses have to be appointed by the court to simply present and clarify the facts.

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