Expert Witnesses & Trial

Purpose of Being Called to Court:
- As a witness (lay or expert) for a trial, hearings, or motions.
- As a consultant for private entities, where testimony may not be required, but assistance to the client is provided.
Fundamental Principles:
- Must always be OBJECTIVE.
- Must always have INTEGRITY.

Definition: A crucial part of the trial process involving jury selection or deselection.
Traditional Trial: Forensic scientists assist their legal team in identifying jury members who are most likely to understand and be receptive to their side's evidence and arguments.
Bench Trial: In cases decided by a judge (without a jury), forensic scientists may not need to provide services as the judge is presumed to possess relevant knowledge.

Purpose: To provide a persuasive roadmap for the jury, outlining how the case will proceed.
Order of Presentation:
- The side initiating the case presents first (the plaintiff in civil cases or the prosecution in public criminal cases).
- Opportunity to inform the jury about the forthcoming evidence.
- The opposing side then delivers their opening statement.
Role of Forensic Scientist:
- Explain the meaning and significance of the evidence to the attorney.
- Assist the attorney in incorporating this information into their opening statement to build a compelling narrative.

Probative Information: Information that makes a material fact more or less likely to occur.
Goal: To assist the trier of fact (typically by educating the jury).
Discovery: The process where all information for building a case's story is gathered.
Evidence: What is formally introduced to the jury.
- Examples: Documents, physical evidence, testimonial evidence, etc.
- All types of evidence hold equal weight to the jury.
Role of Forensic Scientist:
- Prosecution/Plaintiff: Primarily involved in working for this side, presenting evidence.
- Defense: Commonly serves as a consultant.
  - Called upon to defend against evidence already presented by the moving party.
  - Asked to explain complex evidence.
  - May be required to check the work and findings of the state's expert witness (e.g., prosecution's expert).

Purpose: To connect the law to the presented evidence persuasively.
Advocacy: An opportunity for attorneys to advocate for a specific position (e.g., why the defendant should be found guilty or not guilty).
Interpretation: The attorney interprets the facts from the presented evidence in light of the law, aiming for the jury to believe their side of the story.
Presentation: Both sides deliver closing statements.

Jury Deliberation: Exclusively involves the jury, who carefully consider the evidence.
- Advice and explanations provided by experts (including forensic scientists) are intended to aid the jury in their decision-making.
Verdict Rendered: The jury delivers its verdict.
- Guilty: The evidence presented sufficiently supports the prosecution's narrative.
- Not Guilty: The evidence presented does not adequately support the prosecution's narrative, meaning they failed to meet the legal burden of proof beyond a reasonable doubt.
  - It is important to note that a