does ability to impeach an expert witness on science or scholarship go too far?Could a juror research legal or scientific information online to assist him in rendering his verdict?How would the court handle a situation where evidence could be provided that presents minor justification but would take extensive time to presentIs it unethical for a prosecutor not to try his hardest to get an indictment?Is trial courtroom layout prescribed by rule or law?Could jury instructions reasonably be viewed as a kind of expert witness testimony?Is the term “race” defined by Public Law enacted by Congress of the United StatesWhat remedies are there if it was subsequently discovered that a witness lied at trial?Likelihood of jury selection procedure in this storyWhat does “Justicides” mean?Does downloading a ROM put me in legal trouble?
When did the Roman Empire fall according to contemporaries?
Professor falsely accusing me of cheating in a class he does not teach, two months after end of the class. What precautions should I take?
Metric version of "footage"?
Is `curl something | sudo bash -` a reasonably safe installation method?
How can I legally visit the United States Minor Outlying Islands in the Pacific?
Can anybody provide any information about this equation?
Help with understanding nuances of extremely popular Kyoto-ben (?) tweet
Are there any double stars that I can actually see orbit each other?
How can an advanced civilization forget how to manufacture its technology?
How can I deal with a player trying to insert real-world mythology into my homebrew setting?
Won 50K! Now what should I do with it
Is a public company able to check out who owns its shares in very detailed format?
How do I write a romance that doesn't look obvious
Can I play a first turn Simic Growth Chamber to have 3 mana available in the second turn?
How to repair a laptop's screen hinges?
Draw 3D Cubes around centre
Can I intentionally omit previous work experience or pretend it doesn't exist when applying for jobs?
Why does Hellboy file down his horns?
Filtering fine silt/mud from water (not necessarily bacteria etc.)
Optimizing Process Builder: Early Exit: Worthwhile?
To accent or not to accent in Greek
When is pointing out a person's hypocrisy not considered to be a logical fallacy?
Rearranging the formula
What is this welding tool I found in my attic?
does ability to impeach an expert witness on science or scholarship go too far?
Could a juror research legal or scientific information online to assist him in rendering his verdict?How would the court handle a situation where evidence could be provided that presents minor justification but would take extensive time to presentIs it unethical for a prosecutor not to try his hardest to get an indictment?Is trial courtroom layout prescribed by rule or law?Could jury instructions reasonably be viewed as a kind of expert witness testimony?Is the term “race” defined by Public Law enacted by Congress of the United StatesWhat remedies are there if it was subsequently discovered that a witness lied at trial?Likelihood of jury selection procedure in this storyWhat does “Justicides” mean?Does downloading a ROM put me in legal trouble?
.everyoneloves__top-leaderboard:empty,.everyoneloves__mid-leaderboard:empty,.everyoneloves__bot-mid-leaderboard:empty margin-bottom:0;
In court, on impeaching expert testimony: Imagine that Einstein is still alive, that he hadn't done anything since he actually died, that he was never famous (so no one in a modern courtroom except for two lawyers knows who he is), and that the world's knowledge of relativity had not changed since he actually died. At someone else's trial, he testifies on relativity as an expert. Answering questions, he explains both his special and general theories in terms a jury understands. Counsel thanks him. Opposing counsel in cross-examination asks Einstein if his theory includes a "cosmological constant". Einstein testifies firmly: "No." Opposing counsel reads to the court from an earlier publication by Einstein that there is a cosmological constant. Einstein seems urgently about to say something but the judge reminds him that he may only answer questions he is asked and no questions are pending at the moment. Opposing counsel has no further questions, counsel who brought Einstein does not seek to ask anything (perhaps because not expecting this turn of events) and the witness is dismissed. Someone searching history would find that Einstein had publicly said that the cosmological constant was the "biggest blunder of his life", but a jury is not allowed to do outside research before issuing its verdict and this is not a nonjury trial. I understand that impeachment frequently works to persuade a trier of fact to disregard impeached testimony; assume such persuasiveness succeeds in this case.
I think this illustrates an inadequacy of the system of determining the state of scholarship through expert testimony, among other reasons because it discourages bringing an expert who might ever have published a statement they would later dispute, and that would exclude most research scholars with long publication histories. Am I legally wrong about this hypothetical Einstein being easily impeachable? Does this vary much by jurisdiction of place?
I'm not opening a debate on reform, just trying to see if I misunderstand the general law.
united-states litigation
add a comment |
In court, on impeaching expert testimony: Imagine that Einstein is still alive, that he hadn't done anything since he actually died, that he was never famous (so no one in a modern courtroom except for two lawyers knows who he is), and that the world's knowledge of relativity had not changed since he actually died. At someone else's trial, he testifies on relativity as an expert. Answering questions, he explains both his special and general theories in terms a jury understands. Counsel thanks him. Opposing counsel in cross-examination asks Einstein if his theory includes a "cosmological constant". Einstein testifies firmly: "No." Opposing counsel reads to the court from an earlier publication by Einstein that there is a cosmological constant. Einstein seems urgently about to say something but the judge reminds him that he may only answer questions he is asked and no questions are pending at the moment. Opposing counsel has no further questions, counsel who brought Einstein does not seek to ask anything (perhaps because not expecting this turn of events) and the witness is dismissed. Someone searching history would find that Einstein had publicly said that the cosmological constant was the "biggest blunder of his life", but a jury is not allowed to do outside research before issuing its verdict and this is not a nonjury trial. I understand that impeachment frequently works to persuade a trier of fact to disregard impeached testimony; assume such persuasiveness succeeds in this case.
I think this illustrates an inadequacy of the system of determining the state of scholarship through expert testimony, among other reasons because it discourages bringing an expert who might ever have published a statement they would later dispute, and that would exclude most research scholars with long publication histories. Am I legally wrong about this hypothetical Einstein being easily impeachable? Does this vary much by jurisdiction of place?
I'm not opening a debate on reform, just trying to see if I misunderstand the general law.
united-states litigation
add a comment |
In court, on impeaching expert testimony: Imagine that Einstein is still alive, that he hadn't done anything since he actually died, that he was never famous (so no one in a modern courtroom except for two lawyers knows who he is), and that the world's knowledge of relativity had not changed since he actually died. At someone else's trial, he testifies on relativity as an expert. Answering questions, he explains both his special and general theories in terms a jury understands. Counsel thanks him. Opposing counsel in cross-examination asks Einstein if his theory includes a "cosmological constant". Einstein testifies firmly: "No." Opposing counsel reads to the court from an earlier publication by Einstein that there is a cosmological constant. Einstein seems urgently about to say something but the judge reminds him that he may only answer questions he is asked and no questions are pending at the moment. Opposing counsel has no further questions, counsel who brought Einstein does not seek to ask anything (perhaps because not expecting this turn of events) and the witness is dismissed. Someone searching history would find that Einstein had publicly said that the cosmological constant was the "biggest blunder of his life", but a jury is not allowed to do outside research before issuing its verdict and this is not a nonjury trial. I understand that impeachment frequently works to persuade a trier of fact to disregard impeached testimony; assume such persuasiveness succeeds in this case.
I think this illustrates an inadequacy of the system of determining the state of scholarship through expert testimony, among other reasons because it discourages bringing an expert who might ever have published a statement they would later dispute, and that would exclude most research scholars with long publication histories. Am I legally wrong about this hypothetical Einstein being easily impeachable? Does this vary much by jurisdiction of place?
I'm not opening a debate on reform, just trying to see if I misunderstand the general law.
united-states litigation
In court, on impeaching expert testimony: Imagine that Einstein is still alive, that he hadn't done anything since he actually died, that he was never famous (so no one in a modern courtroom except for two lawyers knows who he is), and that the world's knowledge of relativity had not changed since he actually died. At someone else's trial, he testifies on relativity as an expert. Answering questions, he explains both his special and general theories in terms a jury understands. Counsel thanks him. Opposing counsel in cross-examination asks Einstein if his theory includes a "cosmological constant". Einstein testifies firmly: "No." Opposing counsel reads to the court from an earlier publication by Einstein that there is a cosmological constant. Einstein seems urgently about to say something but the judge reminds him that he may only answer questions he is asked and no questions are pending at the moment. Opposing counsel has no further questions, counsel who brought Einstein does not seek to ask anything (perhaps because not expecting this turn of events) and the witness is dismissed. Someone searching history would find that Einstein had publicly said that the cosmological constant was the "biggest blunder of his life", but a jury is not allowed to do outside research before issuing its verdict and this is not a nonjury trial. I understand that impeachment frequently works to persuade a trier of fact to disregard impeached testimony; assume such persuasiveness succeeds in this case.
I think this illustrates an inadequacy of the system of determining the state of scholarship through expert testimony, among other reasons because it discourages bringing an expert who might ever have published a statement they would later dispute, and that would exclude most research scholars with long publication histories. Am I legally wrong about this hypothetical Einstein being easily impeachable? Does this vary much by jurisdiction of place?
I'm not opening a debate on reform, just trying to see if I misunderstand the general law.
united-states litigation
united-states litigation
asked 8 hours ago
NickNick
466 bronze badges
466 bronze badges
add a comment |
add a comment |
1 Answer
1
active
oldest
votes
Your main misunderstanding is that opposing counsel cannot testify. He can ask a question, such as "Did you say ...?", which provides Einstein an opportunity to answer in a way that maintains the credibility of his testimony, but consel cannot just enter his own testimony into the record. In addition, counsel on "his side" has the opportunity to pose appropriate clarifying questions, e.g. could ask "Did you repudiate that idea 88 years ago?", though there is a problem that the attorney may not have the technical expertise to recognize the subject-matter question that they should ask.
Expert testimony does not attempt to determine the state of scholarship in an area, it attempts to resolve a specific factual matter. The two are not the same thing. Einstein would not testify as to what his general and special theories of relativity say, except in a bizarre universe where some person is accused of the crime of denying the theory of relativity. Instead, he might be testifying for the defense, where the defendant is accused of an act that (it turns out) is physically impossible in light of the theory of relativity. If Einstein had been in the habit of posing random mutually-contradictory conjectures on a weekly basis, opposing counsel's question could be relevant to establishing that the witness's testimony is not reliable. Theoretically, counsel could "hint" that the witness is scientifically flighty, so Einstein would have to have a credible explanation for changing his position. It is easy to demonstrate that scientists in general do change their positions as knowledge expands, so Einstein's burden would not be very substantial.
add a comment |
Your Answer
StackExchange.ready(function()
var channelOptions =
tags: "".split(" "),
id: "617"
;
initTagRenderer("".split(" "), "".split(" "), channelOptions);
StackExchange.using("externalEditor", function()
// Have to fire editor after snippets, if snippets enabled
if (StackExchange.settings.snippets.snippetsEnabled)
StackExchange.using("snippets", function()
createEditor();
);
else
createEditor();
);
function createEditor()
StackExchange.prepareEditor(
heartbeatType: 'answer',
autoActivateHeartbeat: false,
convertImagesToLinks: false,
noModals: true,
showLowRepImageUploadWarning: true,
reputationToPostImages: null,
bindNavPrevention: true,
postfix: "",
imageUploader:
brandingHtml: "Powered by u003ca class="icon-imgur-white" href="https://imgur.com/"u003eu003c/au003e",
contentPolicyHtml: "User contributions licensed under u003ca href="https://creativecommons.org/licenses/by-sa/3.0/"u003ecc by-sa 3.0 with attribution requiredu003c/au003e u003ca href="https://stackoverflow.com/legal/content-policy"u003e(content policy)u003c/au003e",
allowUrls: true
,
noCode: true, onDemand: true,
discardSelector: ".discard-answer"
,immediatelyShowMarkdownHelp:true
);
);
Sign up or log in
StackExchange.ready(function ()
StackExchange.helpers.onClickDraftSave('#login-link');
);
Sign up using Google
Sign up using Facebook
Sign up using Email and Password
Post as a guest
Required, but never shown
StackExchange.ready(
function ()
StackExchange.openid.initPostLogin('.new-post-login', 'https%3a%2f%2flaw.stackexchange.com%2fquestions%2f42912%2fdoes-ability-to-impeach-an-expert-witness-on-science-or-scholarship-go-too-far%23new-answer', 'question_page');
);
Post as a guest
Required, but never shown
1 Answer
1
active
oldest
votes
1 Answer
1
active
oldest
votes
active
oldest
votes
active
oldest
votes
Your main misunderstanding is that opposing counsel cannot testify. He can ask a question, such as "Did you say ...?", which provides Einstein an opportunity to answer in a way that maintains the credibility of his testimony, but consel cannot just enter his own testimony into the record. In addition, counsel on "his side" has the opportunity to pose appropriate clarifying questions, e.g. could ask "Did you repudiate that idea 88 years ago?", though there is a problem that the attorney may not have the technical expertise to recognize the subject-matter question that they should ask.
Expert testimony does not attempt to determine the state of scholarship in an area, it attempts to resolve a specific factual matter. The two are not the same thing. Einstein would not testify as to what his general and special theories of relativity say, except in a bizarre universe where some person is accused of the crime of denying the theory of relativity. Instead, he might be testifying for the defense, where the defendant is accused of an act that (it turns out) is physically impossible in light of the theory of relativity. If Einstein had been in the habit of posing random mutually-contradictory conjectures on a weekly basis, opposing counsel's question could be relevant to establishing that the witness's testimony is not reliable. Theoretically, counsel could "hint" that the witness is scientifically flighty, so Einstein would have to have a credible explanation for changing his position. It is easy to demonstrate that scientists in general do change their positions as knowledge expands, so Einstein's burden would not be very substantial.
add a comment |
Your main misunderstanding is that opposing counsel cannot testify. He can ask a question, such as "Did you say ...?", which provides Einstein an opportunity to answer in a way that maintains the credibility of his testimony, but consel cannot just enter his own testimony into the record. In addition, counsel on "his side" has the opportunity to pose appropriate clarifying questions, e.g. could ask "Did you repudiate that idea 88 years ago?", though there is a problem that the attorney may not have the technical expertise to recognize the subject-matter question that they should ask.
Expert testimony does not attempt to determine the state of scholarship in an area, it attempts to resolve a specific factual matter. The two are not the same thing. Einstein would not testify as to what his general and special theories of relativity say, except in a bizarre universe where some person is accused of the crime of denying the theory of relativity. Instead, he might be testifying for the defense, where the defendant is accused of an act that (it turns out) is physically impossible in light of the theory of relativity. If Einstein had been in the habit of posing random mutually-contradictory conjectures on a weekly basis, opposing counsel's question could be relevant to establishing that the witness's testimony is not reliable. Theoretically, counsel could "hint" that the witness is scientifically flighty, so Einstein would have to have a credible explanation for changing his position. It is easy to demonstrate that scientists in general do change their positions as knowledge expands, so Einstein's burden would not be very substantial.
add a comment |
Your main misunderstanding is that opposing counsel cannot testify. He can ask a question, such as "Did you say ...?", which provides Einstein an opportunity to answer in a way that maintains the credibility of his testimony, but consel cannot just enter his own testimony into the record. In addition, counsel on "his side" has the opportunity to pose appropriate clarifying questions, e.g. could ask "Did you repudiate that idea 88 years ago?", though there is a problem that the attorney may not have the technical expertise to recognize the subject-matter question that they should ask.
Expert testimony does not attempt to determine the state of scholarship in an area, it attempts to resolve a specific factual matter. The two are not the same thing. Einstein would not testify as to what his general and special theories of relativity say, except in a bizarre universe where some person is accused of the crime of denying the theory of relativity. Instead, he might be testifying for the defense, where the defendant is accused of an act that (it turns out) is physically impossible in light of the theory of relativity. If Einstein had been in the habit of posing random mutually-contradictory conjectures on a weekly basis, opposing counsel's question could be relevant to establishing that the witness's testimony is not reliable. Theoretically, counsel could "hint" that the witness is scientifically flighty, so Einstein would have to have a credible explanation for changing his position. It is easy to demonstrate that scientists in general do change their positions as knowledge expands, so Einstein's burden would not be very substantial.
Your main misunderstanding is that opposing counsel cannot testify. He can ask a question, such as "Did you say ...?", which provides Einstein an opportunity to answer in a way that maintains the credibility of his testimony, but consel cannot just enter his own testimony into the record. In addition, counsel on "his side" has the opportunity to pose appropriate clarifying questions, e.g. could ask "Did you repudiate that idea 88 years ago?", though there is a problem that the attorney may not have the technical expertise to recognize the subject-matter question that they should ask.
Expert testimony does not attempt to determine the state of scholarship in an area, it attempts to resolve a specific factual matter. The two are not the same thing. Einstein would not testify as to what his general and special theories of relativity say, except in a bizarre universe where some person is accused of the crime of denying the theory of relativity. Instead, he might be testifying for the defense, where the defendant is accused of an act that (it turns out) is physically impossible in light of the theory of relativity. If Einstein had been in the habit of posing random mutually-contradictory conjectures on a weekly basis, opposing counsel's question could be relevant to establishing that the witness's testimony is not reliable. Theoretically, counsel could "hint" that the witness is scientifically flighty, so Einstein would have to have a credible explanation for changing his position. It is easy to demonstrate that scientists in general do change their positions as knowledge expands, so Einstein's burden would not be very substantial.
answered 7 hours ago
user6726user6726
65.7k4 gold badges66 silver badges121 bronze badges
65.7k4 gold badges66 silver badges121 bronze badges
add a comment |
add a comment |
Thanks for contributing an answer to Law Stack Exchange!
- Please be sure to answer the question. Provide details and share your research!
But avoid …
- Asking for help, clarification, or responding to other answers.
- Making statements based on opinion; back them up with references or personal experience.
To learn more, see our tips on writing great answers.
Sign up or log in
StackExchange.ready(function ()
StackExchange.helpers.onClickDraftSave('#login-link');
);
Sign up using Google
Sign up using Facebook
Sign up using Email and Password
Post as a guest
Required, but never shown
StackExchange.ready(
function ()
StackExchange.openid.initPostLogin('.new-post-login', 'https%3a%2f%2flaw.stackexchange.com%2fquestions%2f42912%2fdoes-ability-to-impeach-an-expert-witness-on-science-or-scholarship-go-too-far%23new-answer', 'question_page');
);
Post as a guest
Required, but never shown
Sign up or log in
StackExchange.ready(function ()
StackExchange.helpers.onClickDraftSave('#login-link');
);
Sign up using Google
Sign up using Facebook
Sign up using Email and Password
Post as a guest
Required, but never shown
Sign up or log in
StackExchange.ready(function ()
StackExchange.helpers.onClickDraftSave('#login-link');
);
Sign up using Google
Sign up using Facebook
Sign up using Email and Password
Post as a guest
Required, but never shown
Sign up or log in
StackExchange.ready(function ()
StackExchange.helpers.onClickDraftSave('#login-link');
);
Sign up using Google
Sign up using Facebook
Sign up using Email and Password
Sign up using Google
Sign up using Facebook
Sign up using Email and Password
Post as a guest
Required, but never shown
Required, but never shown
Required, but never shown
Required, but never shown
Required, but never shown
Required, but never shown
Required, but never shown
Required, but never shown
Required, but never shown