Saturday, February 8, 2014

Expert Witnesses, Who Needs Them?

Expert Witnesses Who needs them? Critically evaluate this question. Technically, within law, the in effect(p) witness is an exception to the practice and convenings of the penal system. Its linguistic rule within law that a witness or unconsecrated individual giving distinguish must have personalise knowledge of the facts of which he or she draws inferences upon or regresss an opinion, (Rix, 1999). So then, wherefore do courts use, and justify the use of experts? Naturally there is code mentioning the use of experts within much(prenominal) instruments as the Magna Carta, not impress considering the document dates back to 1215, and the first cited field of study of their habit was Folkes vs. Chadd (1782), a civil case concerning the decay of a harbour. In this case, the drill of an engineer was contested. However case law was set when Lord Mansfield judged I have myself received the opinion of Mr. Smeaton respecting mills, as a home(a) of acquisition. The ca use of the decay of the harbour is also a tender function of science, and still more so, whether the removal of the bank displace be beneficial. Of this, such men as Mr. Smeaton alone mickle judge. Therefore, we be of the opinion that his judgment, formed on facts, was proper evidence, (Rix, 1999). When such precedent is laid d protest in the courts, it allows for the further use, even is it to say that this further use is justifiable and beneficial, just because it was in the case of Folkes vs. Chadd? In the beginning, it should be storied that the phrasing, Who needs them? should be pointed to the fact that Folkes vs. Chadd, in its own precedent has already attached us that answer. No, they atomic number 18 not needed. It was verbalize in this case that The opinion of scientific men upon be facts may be given by men of science within their own science. May is the operative word, they are not a requirement or a necessity, they are an extra, they are, as we began wit h, an exception. Criticisms of the system,! for allowing experts into the courtrooms to give evidence upon a case, have been...If you involve to get a full essay, order it on our website: BestEssayCheap.com

If you want to get a full essay, visit our page: cheap essay

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.