Legal Expert Evidence: Its Role and Impact
Expert evidence is an important part of the justice system, assisting parties and the courts in understanding complex areas of law or technology. Typically it involves bringing in a subject matter specialist to present specialised evidence on a matter at hand. This type of evidence is used by the courts in cases where there are scientific, medical or technical issues that are difficult for a layperson to understand.
The Evidence Act 1995 is an act of legislation which defines the use of expert evidence in the UK. It states that expert evidence is admissible in civil and criminal proceedings if it is relevant and necessary to assist the court in understanding technical or complex evidence in the case. The act also specifies that when judging the admissibility of an expert witness, the court must satisfy itself that there is a sufficient knowledge of the subject in question by the witness and that the evidence given is reliable and credible.
This essay will explain legal expert evidence, exploring its purpose, function, and impact in the legal system. It will evaluate its effectiveness in ensuring justice and accuracy in court judgements. Finally, it will discuss the role of the judge in determining the admissibility of the expert evidence.
The primary purpose of expert evidence is to provide an impartial, scientific or medical opinion on key areas of the case in a way that can be substantiated by scientific fact. Expert witnesses are frequently used when there is an intricate scientific, medical or technical element that needs to be explained. This could involve the identification of documents, the interpretation of scientific data or the determining of cause and effect.
Expert evidence also has a function in assisting the judge, jury and parties in the court understand complex concepts. By engaging the expertise of specialists in engineering, medicine, forensic psychology or any other specialised field, the court can ensure that a dispute is determined on the basis of reliable and accurate evidence.
The impact of expert evidence in the justice system has been considerable. Expert evidence has enabled the court to use recent advances in science and technology in determining the outcome of the case. In some instances the evidence has been crucial in providing convincing evidence in cases of criminal negligence. Moreover, by presenting convincing evidence from specialists, the court can rest assured that the determination of the case is based on reliable and credible data.
Expert evidence has also been used to help clarify complex scientific questions where ordinary methods of fact-finding may not be sufficient. The role of expert evidence has been highlighted by leading legal commentators who have noted that it can help the court to understand complicated matters in a way that non-experts would struggle to comprehend.
The effectiveness of legal expert evidence in ensuring justice and a correct outcome in the court depends on the accuracy and reliability of the expert’s information and opinion. The judge must be satisfied that the expert is knowledgeable in the field and that their evidence is accurate and relevant to the case. This requires an assessment by the court as to whether or not the evidence is of value to the case.
The judge’s role in determining the admissibility of expert evidence is key. The judge must assess the evidence and decide whether it is admissible and relevant to the case. The expert’s evidence will be scrutinised against tests such as the need to knowledge and value, accuracy and reliability, and relevance and fairness. If the judge is satisfied that these tests have been met, then the evidence can be accepted as admissible.
In conclusion, legal expert evidence plays an important role in the justice system, helping the court to understand complex areas of science, medicine and technology. Although there is a risk that expert evidence may be misinterpreted or used in a biased manner, when it is properly assessed and used correctly it can provide a valuable tool in crafting a fair determination of a case. The judge has a crucial role in assessing the accuracy and relevance of the evidence, ensuring that it is of value to the case and that the court has a full understanding of the evidence at hand.
