5 Things to Know About Expert Witness Testimony as a Juror

Jurors must assess expert witness testimony carefully, as bias, conflicting views, and qualifications impact trials.



Did you know there are tens of thousands of jury trials in the United States every year?

According to the Center for Jury Studies, an estimated 50,962 jury trials took place in 2021. Of that amount, 48,764 occurred in state courts, while 2,198 occurred in federal courts.

If called to jury duty, you’ll have a big responsibility on your hands. You’ll hear testimony from both sides, have to figure out complex legal terms, and will play a crucial role in the judicial process. In addition to being able to ask questions, jurors may also hear expert testimony that can shed light on otherwise difficult-to-figure-out litigation matters.

Expert witnesses play an essential role in legal proceedings -- particularly in cases that involve complex or technical issues that perhaps even judges don’t fully comprehend. It’s best to take any expert information with a grain of salt since anyone hired by the prosecution or defense might have a level of bias in favor of whoever retained their services. Even so, the high-level expert information can help jurors reach a verdict.

Here are five things you should understand about expert witness testimony as a juror.

1. Experts Are Not Advocates

One thing jurors should understand about expert witnesses is that they are not supposed to argue for one side -- even if they're hired to provide expert witness testimony by one side.

Unlike lawyers, whose goal is to argue in favor of their clients, expert witnesses are supposed to provide professional, objective information based on their expertise and experience. So, they should be objective and offer information that sheds light on complex legal matters.

While it’s easy to assume that an expert witness retained by the defense or prosecution will slant information to support that side’s case, the information should be as objective as possible.

2. Experts Must Be Qualified

Expert witnesses can't get that designation merely because they consider themselves experts.

These individuals must have verifiable, specialized experience, knowledge, and know-how in the subject area they're discussing in court. For instance, an expert in a case involving complex software and computer litigation must be able to explain things in a way that non-experts can understand. When someone’s freedom, reputation, and pocketbook hangs in the balance, jurors must reach the right verdict. Information provided by expert witnesses can help them do their job.

3. Bias Can Exist

As was mentioned previously, expert witnesses are supposed to be impartial. Even so, that doesn't mean they can't be biased in favor of whatever party retains their services. Expert witnesses should be neutral and provide accurate information.

But jurors should consider which party the expert witness was hired by and assess whether the testimony is overly favorable toward one side or the other.

4. Conflicting Expert Testimonies Are Common

Have you ever heard the saying that two conflicting things can be true at the same time? One thing jurors should know is that conflicting expert testimonies aren't uncommon during court proceedings. That's why it's essential for jurors to carefully weigh whatever they hear -- and to ask for clarification if they're unclear about something said during testimony.

If the expert witnesses for the prosecution and the defense say things that appear contradictory, jurors might have tons of questions to ask.

5. The Judge Determines Admissibility

Not everything an expert witness says is necessarily admissible in court -- which is why the judge is the final determiner of whether an expert's testimony is permitted in court.

Whatever these subject matter experts say in court must meet specific legal standards for relevance and reliability.

These are some things jurors should know about expert witnesses and the role they play during court proceedings. Understanding their role will help jurors reach verdicts after courtroom trials.


This content was first published by KISS PR Brand Story. Read here >> 5 Things to Know About Expert Witness Testimony as a Juror




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