Expert Witness Paper
Expert Witness
Name
Institution
Expert Witness
Ethics are very significant in testimonies given by expert witnesses. The American Bar Association (ABA) had not introduced enforceable system regarding ethics and the way attorneys ought to maintain good behaviors until 1908 (Dror, Kassin, and Kukueka, 2013). The organization later introduced several ethics that have been the main source of direction concerning judicial and lawyer ethics. Nevertheless, this paper will discuss ethics in testimonies of expert witnesses and how courts could allow the Daubert Rule and the Frye Standard determine expert witnesses for their cases. The main function of ethics is to ascertain the minimum principles for tolerable …show more content…
If a lawyer identifies that an expert gave falsified information, he/she possess differing responsibilities under the current Rules. The lawyers are allowed to disclose that fact to the court unless Rule 1.6 prohibits it. Rule 1.6 states that lawyers should not disclose confidential information.
Expert witnesses appointed by courts are governed by the ER 706. This Rule allows courts to select their own expert witnesses. Court clerks write and file the duties of expert witnesses. The parties involved are given the chance to take part in the expert witness obligations. The expert witness should advise the parties of their findings while their deposition is taken.
The Code of Judicial Justice (CJC) limits the capability of judges to acquire external counsel from law experts (Gatowski, 2001). Gatowski (2001) also stipulates that Canon 3(A) (4) allows judges to get counsel from an impartial expert witness on the regulation applicable to a previous trail through mere amicus curiae, if they give parties levelheaded chance to counter (Atlas and Atlas, …show more content…
(2013). New Application of Psychology to Law: Improving Forensic Evidence and Expert Witness Contributions. Journal of Applied Research in Memory and Cognition, 2: 78-81.
Dror, I., E., & Rosenthal, R. (2008). Meta-Analytically Quantifying the Reliability and Biasability of Forensic Experts. Journal of Forensic Sciences, 53:900–903.
Gatowski, S. (2001). "Asking the Gatekeepers: A National Survey of Judges on Judging Expert Evidence in a Post-Daubert World". Law and Human Behavior 25 (5): 433–458.
Jasanoff, S. (2005). Law 's Knowledge: Science for Justice in Legal Settings. American Journal of Public Health, 95 (1): 49–58.
Melnick, R. (2005). A Daubert Motion: A Legal Strategy to Exclude Essential Scientific Evidence in Toxic Tort Litigation. American Journal of Public Health 95 (1):30-34
Nemeth, C.P., (2001). Law & Evidence: A Primer for Criminal Justice, Criminology, Law, and Legal Studies. Upper Saddle River, New Jersey: Prentice-Hall, Inc.
Neufeld, P. (2005). The (Near) Irrelevance of Daubert to Criminal Justice and Some Suggestions for Reform. American Journal of Public Health 95
Name
Institution
Expert Witness
Ethics are very significant in testimonies given by expert witnesses. The American Bar Association (ABA) had not introduced enforceable system regarding ethics and the way attorneys ought to maintain good behaviors until 1908 (Dror, Kassin, and Kukueka, 2013). The organization later introduced several ethics that have been the main source of direction concerning judicial and lawyer ethics. Nevertheless, this paper will discuss ethics in testimonies of expert witnesses and how courts could allow the Daubert Rule and the Frye Standard determine expert witnesses for their cases. The main function of ethics is to ascertain the minimum principles for tolerable …show more content…
If a lawyer identifies that an expert gave falsified information, he/she possess differing responsibilities under the current Rules. The lawyers are allowed to disclose that fact to the court unless Rule 1.6 prohibits it. Rule 1.6 states that lawyers should not disclose confidential information.
Expert witnesses appointed by courts are governed by the ER 706. This Rule allows courts to select their own expert witnesses. Court clerks write and file the duties of expert witnesses. The parties involved are given the chance to take part in the expert witness obligations. The expert witness should advise the parties of their findings while their deposition is taken.
The Code of Judicial Justice (CJC) limits the capability of judges to acquire external counsel from law experts (Gatowski, 2001). Gatowski (2001) also stipulates that Canon 3(A) (4) allows judges to get counsel from an impartial expert witness on the regulation applicable to a previous trail through mere amicus curiae, if they give parties levelheaded chance to counter (Atlas and Atlas, …show more content…
(2013). New Application of Psychology to Law: Improving Forensic Evidence and Expert Witness Contributions. Journal of Applied Research in Memory and Cognition, 2: 78-81.
Dror, I., E., & Rosenthal, R. (2008). Meta-Analytically Quantifying the Reliability and Biasability of Forensic Experts. Journal of Forensic Sciences, 53:900–903.
Gatowski, S. (2001). "Asking the Gatekeepers: A National Survey of Judges on Judging Expert Evidence in a Post-Daubert World". Law and Human Behavior 25 (5): 433–458.
Jasanoff, S. (2005). Law 's Knowledge: Science for Justice in Legal Settings. American Journal of Public Health, 95 (1): 49–58.
Melnick, R. (2005). A Daubert Motion: A Legal Strategy to Exclude Essential Scientific Evidence in Toxic Tort Litigation. American Journal of Public Health 95 (1):30-34
Nemeth, C.P., (2001). Law & Evidence: A Primer for Criminal Justice, Criminology, Law, and Legal Studies. Upper Saddle River, New Jersey: Prentice-Hall, Inc.
Neufeld, P. (2005). The (Near) Irrelevance of Daubert to Criminal Justice and Some Suggestions for Reform. American Journal of Public Health 95