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The Common Law Theory Of Experts: Deference Or Education?, Joseph S. Miller, Ronald J. Allen
The Common Law Theory Of Experts: Deference Or Education?, Joseph S. Miller, Ronald J. Allen
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What if witness testimony emerges from, or can only be understood by reference to, an experience that the fact finder lacks? Or what if the connection between what a witness says and the full import of what the witness means is so arcane that the chances are virtually zero that the jury will understand what the spoken words are intended to convey? Both cases arise surprisingly frequently in the trial of disputes. For example, the problem arises whenever a witness is not fluent in English, as it often does when the common practice of a business or trade plays a …
Policing The Bases Of Modern Expert Testimony, Ronald L. Carlson
Policing The Bases Of Modern Expert Testimony, Ronald L. Carlson
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The expanding array of scientific (as well as some not-so-scientific) specialties available as sources for testimony raises hard questions. Will courts require that the witness' opinions be reasonably based upon trustworthy data? How far must judges inquire into the practice of other experts in the same field prior to allowing the trial witness to proffer an expert opinion? How much of the expert's supporting data will be received in evidence? This Essay addresses these and other important questions affecting the scope of modern expert testimony.