8/17/2023 0 Comments Define expert witness![]() ![]() The prosecutor may ask that Daniel be declared a hostile witness, which will give him the ability to ask leading questions, in an attempt to get Daniel to provide helpful testimony. When called to testify during the trial, Daniel appears reluctant to say he saw Bob, saying instead that he doesn’t remember. If the judge grants the request, the attorney is then allowed to ask leading questions, which are otherwise only allowed during a cross-examination, not questioning of the party’s own witness.ĭuring the investigation phase of an arson case, Daniel tells the prosecutor that he saw Bob running away from the building with a gas can in his hand right before flames were seen in the building. If a witness instead lies on the stand, or refuses to answer questions, the attorney can ask the judge to declare him a hostile witness. In most cases, when either side calls a witness, it is done with the expectation that the witness’s testimony will be in line with statements he made prior to the trial. Hostile WitnessĪ hostile witness, sometimes called an “adverse witness,” is an individual who, after being called to the stand and sworn in, appears unwilling or reluctant to tell the truth. The reporting witness describes the actual test, and the results obtained. Reporting witnesses are often technicians or other individuals who actually conducted certain tests on evidence, such as DNA, or other scientific evidence. Reporting WitnessĪ reporting witness is called to testify after the educating witness has completed his testimony. An educating witness must be accredited as an expert witness in his specific field, which requires academic qualifications or specialized training. This type of witness is only called to give an opinion on the validity of a theory, and on the reliability of scientific instruments and tests. Educating WitnessĪn educating witness teaches the jury or judge about a scientific theory that pertains to the case. When cross-examined by the opposing party, an expert witness may be questioned on his knowledge and skills, the number of years he has been in his field, and what experience he has that makes him an expert on the matter. Unlike regular witnesses, expert witnesses are allowed to give professional opinions during testimony. For example, an expert witness may be called to explain how fingerprint-matching techniques are used, and how the prosecution determined the fingerprints of the defendant match those left at the crime scene.Īn expert witness may be a doctor, scientist, specialist, or other professional. Expert witnesses are used to make sense of complex evidence, such as scientific data, or to explain complicated matters to the judge or jury. ![]() ![]() Expert WitnessĪn expert witness is an individual who has specialized knowledge or skills relevant to the matter at hand. Giving false testimony is known as “ perjury,” and can result in criminal charges against the witness. Many times, the victim in a case serves as witness for the prosecution, as the information they provide is deemed credible and detailed.Īn individual who serves as witness for the prosecution may be questioned by the defendant (or his attorney), in what is known as “cross-examination.” This gives the defense an opportunity to establish the fact that the witness gave false, biased, or inconsistent testimony. While presenting the case, the prosecutor submits evidence gathered during the investigation, and calls witnesses, who testify about what they say, heard, or otherwise know about the case. When a criminal trial takes place, the prosecution must convince the judge or jury that the defendant is guilty of the crime. Law enforcement officers and various experts are often called to serve as witness for the prosecution. These witnesses are called to provide testimony in support of the prosecution’s case against the accused. Witness for the ProsecutionĪ witness for the prosecution is used in state or federal criminal court cases. The jury will rely, in part, on testimony of these witnesses in making their decision. ![]() During trial, both the prosecution and defense are likely to call people who were present at the bar when the stabbing took place to testify about the incident. During the fight, someone was stabbed, and John has now been charged with the crime. John gets into a fight while playing pool at the corner bar. ![]()
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