Going to court as an expert witness is a critical part of a forensic scientist’s job. The courtroom experience can be both challenging and rewarding, as the expert witness plays a vital role in helping the court understand complex scientific evidence. Bericon’s Alan Baker discusses what its like:
1. Preparation Before Court
Before appearing in court, an expert witness spends a significant amount of time preparing. This includes:
– Reviewing Evidence and Reports: You must thoroughly review all the evidence, analysis, and reports you’ve created. The goal is to be ready to explain your methods and conclusions clearly.
– Meeting with solicitor/barrister: Typically, you’ll meet with the lawyer that has called you to give evidence (either the prosecution or defence). They will review your report and might discuss potential cross-examination questions.
– Understanding the Case: While you are not responsible for the legal aspects of the case, it’s important to understand the broader context of your evidence. You are there to present objective scientific facts, not to advocate for one side, but it’s crucial to be aware of the points that might come under scrutiny.
– Anticipating Cross-Examination: One of the most important aspects of preparation is thinking through how the opposing lawyer may challenge your evidence. They might question your credentials, methodology, or the reliability of the data.
2. At Court
The day before the trial, you need to make sure that the case is still due to be heard. There can often be late changes.
When you arrive at court, the experience is formal and highly structured. The courtroom can be an intimidating setting, especially for first-time expert witnesses, but here’s what you can expect:
– Notification: Make the sure that you have located the correct court room and make a court representative aware that you are present.
– Swearing In: As an expert witness you are, unlike other witnesses, able to sit in the court and listen to all of the evidence. Before you give evidence, you will be sworn in. You are legally obligated to tell the truth.
– Introduction of Credentials: Typically, the first part of your evidence involves establishing your qualifications as an expert. The solicitor or barrister who called you may ask about your education, work experience, and professional certifications. This ensures the judge and jury (or magistrates) see you as a credible expert in your field.
3. Giving evidence
Your evidence may involve explaining complex scientific evidence in a way that the court can understand. This can be one of the most challenging aspects.
– Explaining Science Clearly: You’ll need to break down your methods and findings in simple terms, without overwhelming the court with technical jargon.
– Staying Objective: As an expert witness, your role is not to advocate for one side but to present the facts objectively. You must resist the temptation to give opinions on guilt or innocence or stray beyond your area of expertise. Your goal is to provide neutral, factual testimony based on the evidence.
– Questions from the solicitor or barrister: The lawyer who called you will begin by asking questions to establish your findings (Evidence in Chief). These are usually structured to allow you to present your evidence clearly and reinforce your key points.
4. Cross-Examination
Cross-examination is often the most difficult part of being an expert witness. The opposing solicitor or barrister may try to cast doubt on your evidence, undermine your credibility, or highlight what they may suggest as inconsistencies in your report.
– Challenging Your Methods: The opposing lawyer may question the reliability of the techniques or methods you used. For example, if you’re a DNA analyst, they might challenge the accuracy of the testing methods or sample contamination risks.
– Undermining Credibility: Expect questions aimed at diminishing your qualifications, such as whether you’ve been wrong in the past or if you’ve ever had evidence contradicted by another expert.
– Pressure and Rapid-Fire Questions: Some cross-examinations may involve rapid questions or attempts to confuse or trip you up. The goal might be to make you seem uncertain or to contradict yourself, so staying calm, professional, and precise in your responses is crucial.
– Staying Professional: No matter how aggressive the questioning, it’s important to stay composed. The court often pays close attention to how you handle the pressure, and any sign of frustration or defensiveness could affect your credibility. Make sure that you only answer the question being asked.
5. Post-Testimony
After your testimony, you’ll either be released from court or, occasionally, told to remain available in case further questions arise.
– Post-Testimony Reflection: It’s common to reflect on how the testimony went, how well you were able to communicate your findings, and whether you could have handled certain questions differently. This experience often helps experts improve for future cases.
Challenges of Being an Expert Witness
– Public Speaking: Testifying in court can be stressful, especially for those who are not accustomed to public speaking. The formality of the courtroom, the presence of a judge, jury (or magistrates), and opposing lawyers can make this daunting.
– Maintaining Objectivity: While you may work closely with one side (defence or prosecution), your duty is to remain impartial. Your professional duty is to the court. This balance can sometimes be tricky, as lawyers may push for testimony that aligns with their case strategy.
– Pressure of Cross-Examination: Cross-examination is designed to be rigorous, and it can feel like a personal attack, but it’s important to remember that it’s part of the process, and your role is to defend your analysis, not yourself personally.
Rewards of Being an Expert Witness
Impact on Justice: As a forensic scientist, your work can directly influence the outcome of a case. Your evidence could help convict the guilty or exonerate the innocent, making your role in the courtroom a crucial one.
– Professional Development: Every time you testify, you gain more experience in handling high-pressure situations, presenting evidence clearly, and defending your findings. These skills are valuable not just in court but in your broader forensic career.
– Credibility Building: Successful court testimonies enhance your reputation as an expert in your field. The more cases you work on, the more experienced you become, which can open doors to future high-profile cases and further professional opportunities.
Final Thoughts: Going to court as a forensic expert can be lonely experience and requires thorough preparation, clear communication, and a high level of professionalism. It can be challenging due to the pressure of cross-examination and the need to simplify complex science for a lay audience. However, it’s also incredibly rewarding to play such a vital role in the justice system.
If you’re preparing for a court appearance as an expert witness, practicing your testimony, anticipating cross-examination questions, and focusing on clear, concise communication will help you succeed in the courtroom.
