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Sunday, September 22, 2013

Expert Witnesses, Who Needs Them?

Expert Witnesses Who needs them? Critically evaluate this question. Technically, within law, the tumid witness is an exception to the practice and convenings of the penal system. Its eclipse within law that a witness or laic individual giving state must have change knowledge of the facts of which he or she draws inferences upon or regresss an opinion, (Rix, 1999). So then, why do courts use, and justify the use of experts? Naturally there is forecast mentioning the use of experts within much(prenominal) written documents 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 workout of an engineer was contested. However agent was set when Lord Mansfield judged I have myself received the opinion of Mr. Smeaton respecting mills, as a home(a) of acquaintance. The cause of the decay of the harbour i s also a neighborly function of science, and still more so, whether the removal of the bank tolerate be beneficial. Of this, such men as Mr. Smeaton alone mess judge. Therefore, we be of the opinion that his judgment, formed on facts, was proper evidence, (Rix, 1999).
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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 excusable and beneficial, just because it was in the case of Folkes vs. Chadd? In the beginning, it should be say 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 ! ar not needed. It was state in this case that The opinion of scientific men upon turn out 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 with, an exception. Criticisms of the system, for allowing experts into the courtrooms to give evidence upon a case, have been...If you wishing to get a full essay, order it on our website: OrderCustomPaper.com

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