Wednesday, November 27, 2013

Expert Witnesses, Who Needs Them?

Expert Witnesses Who needs them? Critically evaluate this question. Technically, within law, the ripe witness is an exception to the practice and convenings of the penal system. Its sway within law that a witness or profane individual giving record must have individualised 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 elaborate mentioning the use of experts within much(prenominal) enters 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 exercise of an engineer was contested. However causality was set when Lord Mansfield judged I have myself received the opinion of Mr. Smeaton respecting mills, as a subject field of acquisition. The cause of the decay of the harbour is also a cordial function of science, and still more so, whether the removal of the bank asshole be beneficial. Of this, such men as Mr. Smeaton alone croup 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 famed 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 be not needed. It was verbalize 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 be 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 pauperism to get a full essay, order it on our website: BestEssayCheap.com

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