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留学生法律专业作业

为了做出一个正确的决策并确保公平正义的呈现，民事和刑事案件通常需要复杂的科学或医学数据的解释。这通常需要请专家来解释复杂的客观事实并用公正的方式来处理，并提供出一个“专家意见”。基于这些专家意见,法院可以得到可能存在的最好的解决方案。假设专家证人是有能力的,那么确保专家证据受理就是法院的责任。不受理专家提供的证据的原因之一可能是专家证人存在偏见。

因此对专家的偏见的发现和纠正对所有有关方面都是至关重要的。然而偏见很少存在,尤其是作为一种有意识的特质。对司法体系的敌对的本性一般都是不那么明显,微妙的并且是无意识的偏见。这可能对公平正义的审判是致命的，并且可能会导致司法不公，带来灾难性的后果。更糟的是，这种误判的可能是意识不到的，或很多年后才发现，导致了对错误地被定罪的人形成无可挽回的损害。

Expert Witnesses And Use Of Single Joint Experts Law essay

Both civil and criminal cases often need interpretation of complex scientific or medical data in order to arrive at a proper decision and ensure that justice is rendered fairly. For this there is often a need to use experts to interpret complex facts objectively and in an unbiased manner, and offer an ‘expert opinion’. Based on this expert opinion, the courts arrived at the best possible solution. Assuming that the expert witness is competent, it is the court’s responsibility to ensure that the expert evidence is ‘admissible’. One of the factors that could render expert evidence inadmissible is the presence of bias on the part of the expert witness.

It is therefore vital to all concerned that the expert bias is identified and remedied. Whilst bias is rare, particularly as a conscious trait, the nature of the adversarial judicial system does predispose to less obvious, subtle and unconscious bias. This could prove fatal to the fairness of a trial and could result in a miscarriage of justice, with disastrous consequences. What is worse, such miscarriages of justice may not be realised or discovered for several years resulting in irreparable damage to the person wrongly convicted. It is therefore of utmost importance that expert witness should not be biased, and where such bias exists, it would be useful nay, even mandatory to have robust mechanisms to reduce or even eliminate conscious bias and if possible reduce even unconscious bias in expert evidence.

This essay attempts to evaluate possible causes of bias and probable solutions to reduce these in the expert witness, with particular emphasis on Lord Woof’s proposal for a Single Joint Expert and whether this will help reduce bias in an expert witness.

This author has drawn on the expertise of Deidre Dwyer and her numerous erudite articles on expert evidence, with particular emphasis on her ‘The causes and manifestations of bias in civil expert evidence’ [1] and her ‘The effective management of bias in civil expert evidence’ [2] , for various arguments on the ‘causes and management of bias’ in expert evidence.

This essay also attempts to look at the normal duties of an expert witness and why Single Joint Experts (SJE) have been considered and the potential dangers if any, of the SJE as opposed to multiple experts. The arguments are generally pertaining to civil cases, realising that there will be some areas of overlap and common ground with criminal cases as well.

Background

A witness would normally be expected to give evidence based on what they actually saw or heard (facts) and the interpretation would be outside their remit. An Expert witness on the other hand is believed to possess the knowledge and expertise to express an opinion based on the facts or scientific evidence available for the case or issue in question (e.g. fingerprints, DNA本论文由英语论文网提供整理，提供论文代写，英语论文代写，代写论文，代写英语论文，代写留学生论文，代写英文论文，留学生论文代写相关核心关键词搜索。