Expert Witnesses

Paper Summary:

This paper examines one of the most fundamental issues associated with criminal trials for murder, the so-called insanity plea and the rhetorical necessity of reliance upon expert witnesses for the determination of the validity of such a defense. The paper discusses the on-going argument, within and without the legal community, of whether expert witness testimony or input is ethically acceptable, given the severity of the crime of murder. The paper contends that society is clearly divided on the subject, as the ethical right of the defendant to a fair defense, whatever his or her motivation for the alleged crime, must be balanced with the need of the judicial system to strike hard against violent criminals to protect society from future violent acts.

From the Paper:

"Those in favor of psychological defense information and those against it have come together to make clear that the historical abuses of such testimony are not the intent of the judicial system and require serious review. The nature of the responsibility of both defense and prosecution make clear that the issues at hand are extremely important and must be clearly defined, and much less subjective in admission.
Experts in both defense and prosecution, as well as sociologists, educators and the expert witnesses themselves have called into question the level of influence such expert witness testimony has on the outcome of litigation."

More papers on Expert Witnesses:

• Term Paper # 96489 : "Expert Witnesses"
• Essay # 43016 : "Expert Witnesses in the Courts"
• Analytical Essay # 143974 : "Child Witnesses in Canadian Courts"

APA Citation:

MLA Citation: