{"id":4517,"date":"2018-09-26T09:23:26","date_gmt":"2018-09-26T09:23:26","guid":{"rendered":"https:\/\/legalblog.ie\/opinion-experts-evidence\/"},"modified":"2024-05-05T19:08:22","modified_gmt":"2024-05-05T19:08:22","slug":"opinion-experts-evidence","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/opinion-experts-evidence\/","title":{"rendered":"Opinion \/Experts&#8217; Evidence"},"content":{"rendered":"<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_63 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title \" >Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/legalblog.ie\/opinion-experts-evidence\/#Opinion_Evidence_Experts\" title=\"Opinion Evidence &amp; Experts\">Opinion Evidence &amp; Experts<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/legalblog.ie\/opinion-experts-evidence\/#Expert_Evidence\" title=\"Expert Evidence\">Expert Evidence<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/legalblog.ie\/opinion-experts-evidence\/#Opinions_on_Credibility\" title=\"Opinions on Credibility\">Opinions on Credibility<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/legalblog.ie\/opinion-experts-evidence\/#Forensic_Evidence\" title=\"Forensic Evidence\">Forensic Evidence<\/a><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Opinion_Evidence_Experts\"><\/span>Opinion Evidence &amp; Experts<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Generally, witnesses are not entitled to give evidence in relation to matters which are not within their direct knowledge.\u00a0 They are not entitled to give opinions on facts or draw inferences from them.\u00a0 In principle, \u00a0this is a matter for the judge or where there is a jury, the jury as directed by the judge.<\/p>\n<p>In modern times, with the advance of sciences, the role of the expert in the fact finding process has increased. Pathologist, forensic scientists, psychiatrists, DNA experts and fingerprint experts now play an important role in criminal proceedings.\u00a0 Medical practitioners and specialists, \u00a0actuaries, accountants, surveyor and consultants commonly given expert evidence in civil cases.<\/p>\n<p>Opinion evidence given by experts is an exception to the general prohibition on opinion evidence.\u00a0 Expert witnesses may assist the judge or jury with their expertise in drawing inferences which are outside of the knowledge and expertise of the judge or jury.<\/p>\n<p>A witness put forward as an expert must prove his expertise. It must be an expert in the relevant discipline. The discipline must comprise a consistent although not necessarily a uniform body of knowledge. It should be a methodical and predictive body, with an appropriate basis in research. Courts may limit speculative opinions and require that expertise be validated by established theory and technique and proper scientific methodology.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Expert_Evidence\"><\/span>Expert Evidence<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Expert witnesses play an important role in many civil cases.\u00a0 In relation to cases of professional negligence, the evidence of expert witnesses is often critical.\u00a0 This is especially common in the case of medical negligence, where a negligence is unlikely to be found if there is a credible body of support for the course actually taken.<\/p>\n<p>The evidence of expert raises issues of hearsay. Experts generally draw on research and publications within their field.\u00a0 They must identify their sources and methodology so that it can be tested.\u00a0 They are also likely to assume certain facts. These must be made explicit for challenge.<\/p>\n<p>In theory, an ordinary, non-expert witness should narrate primary observed facts only.\u00a0 However, in practice, it would be impossible to describe many situations and behaviour at this low level of detail. Accordingly, judges exercise a degree of discretion and common sense in allowing a witness to give meaningful descriptive evidence.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Opinions_on_Credibility\"><\/span>Opinions on Credibility<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A witness should not express a view on the ultimate issue in the case.\u00a0 This is reserved for the judge or jury.\u00a0 If the expert were to express an opinion on it, he would usurp the function of the judge or jury. Expert evidence should not be necessary on matters of everyday common sense and perception.\u00a0 If the judge and jury can reach their own conclusions without expert help, then opinion evidence is not appropriate.\u00a0 Many issues which arise in proceedings involve an assessment of human nature and behaviour, which are within the competence of the judge (or jury).<\/p>\n<p>Historically, evidence was not allowed as to whether a witness was telling the truth or whether his testimony was reliable.\u00a0 The UK Courts have modified this principle and permitted expert evidence that the witness suffers from particular a mental disease or abnormality, such that he is incapable of giving a true and reliable account to the jury.\u00a0 The expert may only comment on whether the evidence is reliable in light of his mental condition.<\/p>\n<p>A psychiatrist may not give evidence in relation to credibility.\u00a0 They may not comment in relation to truthfulness in the witness box.\u00a0 This will usually also be prohibited in any event, as evidence on a collateral issue (credibility).<\/p>\n<p>Expert evidence may be useful to explain a person\\&#8217;s mental condition or the fact that they suffer from a particular condition.\u00a0 The criminal courts are reluctant to receive psychiatric or psychological evidence in criminal trials, which purport to establish the accused\u2019s intent and state of mind, for the purpose of criminal liability. However, expert evidence may be allowed in relation to the defence of insanity (and its equivalent in civil proceeding). The psychiatrist may give an opinion as to the accused\u2019s capacity to understand the crime.\u00a0 He may not, however, comment on the accused intention or lack thereof at the time of the crime.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Forensic_Evidence\"><\/span>Forensic Evidence<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>In criminal matters, DNA and forensic evidence have grown investigation in the last 40 years.\u00a0 DNA evidence fingerprinting and profiling potentially offers a unique identifier of identity. Although DNA evidence may be reliable in principle, there are significant risks of contamination and risks in relation to the chain of custody which may lead to overreliance and overconfidence. However, a number of prominent wrongful convictions based on apparently reliable forensic scientific evidence were revealed in the 1990s, in the UK.<\/p>\n<p>Because of the danger of DNA evidence appearing conclusive, the judge should warn in the danger of conviction in exclusive reliance on such evidence, in the absence of corroboration or other appropriate direction.<\/p>\n<p>Opinion evidence by experts is admitted more liberally in child welfare matters. Videotaped interviews of children by social workers are potentially admissible by the Childrens Act 1997.<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-4517\" data-postid=\"4517\" class=\"themify_builder_content themify_builder_content-4517 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>Opinion Evidence &amp; Experts Generally, witnesses are not entitled to give evidence in relation to matters which are not within their direct knowledge.\u00a0 They are not entitled to give opinions on facts or draw inferences from them.\u00a0 In principle, \u00a0this is a matter for the judge or where there is a jury, the jury as [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[317],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/4517"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=4517"}],"version-history":[{"count":1,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/4517\/revisions"}],"predecessor-version":[{"id":36038,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/4517\/revisions\/36038"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=4517"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=4517"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=4517"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}