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Effective Expert Witnessing: Practices for the 21st Century

By: Jack V. Matson; Suhu F. Daou et al. | Book details

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6

The Courtroom Drama

We have a criminal jury system which is superior to any in the world; and its efficiency is only marred by the difficulty of finding twelve men every day who don't know anything and can't read.

-Mark Twain


The Jury-The True “Audience” of the Trial

“A jury is a group of people who are summoned and sworn in order to decide on the facts in issue at a trial.” 1 The judge decides all issues of law, but the jurors are the ultimate arbiters of the facts that are presented. Their judgment is, in large part, influenced by the credibility of the testimony they hear. “Jurors don't vote on any clear sense of absolute truth. They vote on their impressions.” 2

To decide the case, the jury deliberates on the evidence presented and delivers a verdict to the judge. For the expert witness, the jury is the key constituency when trial testimony is being offered. Answers to questions must

1 Marc A. Rabinoff and Stephen P. Holmes, The forensic expert's guide to litigation: The anatomy of a lawsuit (Horsham, PA: LRP Publications, 1996), 42.

2Anne L. Finger , How to be your own best expert witness, Medical Economics (March 22, 1999), 96-100.

-71-

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