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;








2















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.










share|improve this question




























    2















    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.










    share|improve this question
























      2












      2








      2








      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.










      share|improve this question














      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






      share|improve this question













      share|improve this question











      share|improve this question




      share|improve this question










      asked 8 hours ago









      NickNick

      466 bronze badges




      466 bronze badges




















          1 Answer
          1






          active

          oldest

          votes


















          3














          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.






          share|improve this answer

























            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
            );



            );













            draft saved

            draft discarded


















            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









            3














            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.






            share|improve this answer



























              3














              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.






              share|improve this answer

























                3












                3








                3







                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.






                share|improve this answer













                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.







                share|improve this answer












                share|improve this answer



                share|improve this answer










                answered 7 hours ago









                user6726user6726

                65.7k4 gold badges66 silver badges121 bronze badges




                65.7k4 gold badges66 silver badges121 bronze badges



























                    draft saved

                    draft discarded
















































                    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.




                    draft saved


                    draft discarded














                    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





















































                    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







                    Popular posts from this blog

                    Invision Community Contents History See also References External links Navigation menuProprietaryinvisioncommunity.comIPS Community ForumsIPS Community Forumsthis blog entry"License Changes, IP.Board 3.4, and the Future""Interview -- Matt Mecham of Ibforums""CEO Invision Power Board, Matt Mecham Is a Liar, Thief!"IPB License Explanation 1.3, 1.3.1, 2.0, and 2.1ArchivedSecurity Fixes, Updates And Enhancements For IPB 1.3.1Archived"New Demo Accounts - Invision Power Services"the original"New Default Skin"the original"Invision Power Board 3.0.0 and Applications Released"the original"Archived copy"the original"Perpetual licenses being done away with""Release Notes - Invision Power Services""Introducing: IPS Community Suite 4!"Invision Community Release Notes

                    Canceling a color specificationRandomly assigning color to Graphics3D objects?Default color for Filling in Mathematica 9Coloring specific elements of sets with a prime modified order in an array plotHow to pick a color differing significantly from the colors already in a given color list?Detection of the text colorColor numbers based on their valueCan color schemes for use with ColorData include opacity specification?My dynamic color schemes

                    Tom Holland Mục lục Đầu đời và giáo dục | Sự nghiệp | Cuộc sống cá nhân | Phim tham gia | Giải thưởng và đề cử | Chú thích | Liên kết ngoài | Trình đơn chuyển hướngProfile“Person Details for Thomas Stanley Holland, "England and Wales Birth Registration Index, 1837-2008" — FamilySearch.org”"Meet Tom Holland... the 16-year-old star of The Impossible""Schoolboy actor Tom Holland finds himself in Oscar contention for role in tsunami drama"“Naomi Watts on the Prince William and Harry's reaction to her film about the late Princess Diana”lưu trữ"Holland and Pflueger Are West End's Two New 'Billy Elliots'""I'm so envious of my son, the movie star! British writer Dominic Holland's spent 20 years trying to crack Hollywood - but he's been beaten to it by a very unlikely rival"“Richard and Margaret Povey of Jersey, Channel Islands, UK: Information about Thomas Stanley Holland”"Tom Holland to play Billy Elliot""New Billy Elliot leaving the garage"Billy Elliot the Musical - Tom Holland - Billy"A Tale of four Billys: Tom Holland""The Feel Good Factor""Thames Christian College schoolboys join Myleene Klass for The Feelgood Factor""Government launches £600,000 arts bursaries pilot""BILLY's Chapman, Holland, Gardner & Jackson-Keen Visit Prime Minister""Elton John 'blown away' by Billy Elliot fifth birthday" (video with John's interview and fragments of Holland's performance)"First News interviews Arrietty's Tom Holland"“33rd Critics' Circle Film Awards winners”“National Board of Review Current Awards”Bản gốc"Ron Howard Whaling Tale 'In The Heart Of The Sea' Casts Tom Holland"“'Spider-Man' Finds Tom Holland to Star as New Web-Slinger”lưu trữ“Captain America: Civil War (2016)”“Film Review: ‘Captain America: Civil War’”lưu trữ“‘Captain America: Civil War’ review: Choose your own avenger”lưu trữ“The Lost City of Z reviews”“Sony Pictures and Marvel Studios Find Their 'Spider-Man' Star and Director”“‘Mary Magdalene’, ‘Current War’ & ‘Wind River’ Get 2017 Release Dates From Weinstein”“Lionsgate Unleashing Daisy Ridley & Tom Holland Starrer ‘Chaos Walking’ In Cannes”“PTA's 'Master' Leads Chicago Film Critics Nominations, UPDATED: Houston and Indiana Critics Nominations”“Nominaciones Goya 2013 Telecinco Cinema – ENG”“Jameson Empire Film Awards: Martin Freeman wins best actor for performance in The Hobbit”“34th Annual Young Artist Awards”Bản gốc“Teen Choice Awards 2016—Captain America: Civil War Leads Second Wave of Nominations”“BAFTA Film Award Nominations: ‘La La Land’ Leads Race”“Saturn Awards Nominations 2017: 'Rogue One,' 'Walking Dead' Lead”Tom HollandTom HollandTom HollandTom Hollandmedia.gettyimages.comWorldCat Identities300279794no20130442900000 0004 0355 42791085670554170004732cb16706349t(data)XX5557367