Материал: Uchebnik_dlya_sud_expertov

b) Do you agree with the author? Can these reasons justify mistakes made by lawyers and scientists, in your opinion?

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1.Articulation of problem (research problem and statement of hypotheses)

2.Upfront statement of opinion

3.Method

4.Outline of research tasks that match the specified problem

5.Findings

6.Discussion

7.Conclusion

1.Would you give up a promising career to aid the family in time of need?

a)In a heartbeat

b)Yes, with some reluctance

c)Only if I was certain I'd be able to return to my career soon

d)No

2.Would you betray a family member to advance your own career?

a)Yes, without a twinge of guilt

b)Yes, if I could do it secretly

c)I'd resist the temptation

d)I find the very idea abhorrent

3.Do you respect the leaders of your family?

a)Their words guide my actions

b)They're role models for me

c)They're often out of touch with my life

d)They're out of touch with reality

4.A powerful but corrupt judge offers you wealth if you'll testify against a friend. Do you:

a)Condemn your friend and take the money

b)Take the money and testify, but try to keep your testimony ineffective

c)Refuse the offer and refuse to testify

d)Testify on your friend's behalf, no matter the consequences

5.Have you ever betrayed a friend?

a)I've done so more than once, and I sometimes get away with it

b)I've done so once

c)I've been tempted to do so, but I've never gone through with it

d)I'd never contemplate such a thing

6.Do you insist on repayment when lending money to friends?

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a)Yes, and I write up a contract so there's no misunderstanding

b)Yes, but I try to be flexible about the exact terms

c)No, although it's sure nice to be repaid

d)No, they just owe me a favour

7.Do you respect the laws and authorities in the community?

a)Yes, without question

b)Yes, they're generally the best way to govern

c)When it suits me -- there are some laws I just don't agree with

d)I don't pay attention to the authorities; they've got no hold on me

8.If imprisoned, would you injure or kill others to escape?

a)Yes. Serves 'em right for locking me up

b)Yes. They knew the risks when they took the job

c)No, except for minor wounds that will heal easily

d)No. Those guards are just doing their jobs

9.You have accidentally committed a crime. Do you:

a)Confess and attempt to make restitution to the victim

b)Confess, throwing yourself on the mercy of the court

c)Hide your involvement, lying if you have to

d)Try to pin the crime on another

10.If guilty, would you confess to a crime?

a)Yes, because it is my duty to do so

b)Yes, because it might get me a lighter sentence

c)No, I'd make the magistrates prove my guilt

d)No, and I'd try to "prove" my innocence

11.While traveling, you witness an assault. You are ordered to testify, which will delay your travel significantly. Do you:

a)Slip out of town at night to avoid testifying

b)Deny you saw anything

c)Remain reluctantly, testify, and leave

d)Remain until the trial's conclusion in case further testimony is needed

12.When confronted by beggars, do you:

a)Give generously

b)Give moderately

c)Give only what I wouldn't miss anyway -- a copper or two at most

d)Ignore them as you walk by

13.What's the best path to wealth?

a)It's a matter of luck and being in the right place at the right time

b)Staying flexible so you can take advantage of good opportunities

c)Following a long-term plan that incorporates a comfortable level of risk

d)Hard work and perseverance

The moral axis has three positions: good, neutral and evil. Good characters generally care about the welfare of others. Neutral people generally care about their own welfare. Evil people generally seek to harm the others' welfare.

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The ethical axis has three positions as well: lawful, neutral, and chaotic. Lawful people generally follow the social rules as they understand them. Neutral people follow those rules find convenient or obviously necessary. And chaotic people seek to upset the social order and either institute change, or simply create anarchy.

a lawful person

UNIT 4. EXPERT WITNESS

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In litigation, this is the era of the expert witness. The trial of cases is becoming dominated by the opinions of experts to an extent never before seen in the judicial system. Virtually all cases that go to trial today involve the testimony of expert witnesses. One study of civil jury trials revealed that expert witnesses were called in 86% of cases at an average rate of four experts per case. This is hardly a surprising development in our modern technological society. The types of cases being brought to court increasingly involve questions of science, engineering, psychology and economics.

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TEXT

EXPERT WITNESS

An expert can be anyone with knowledge or experience of a particular field or discipline beyond that to be expected of a layman. An expert witness is an expert who makes this knowledge and experience available to a court to help it understand the issues of a case and thereby reach a sound and just decision. The duty of an expert witness is to give or prepare evidence for the purpose of court proceedings.

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Expert evidence is sought most obviously in disputes requiring detailed scientific or technical knowledge. Expert evidence must provide as much detail as it is necessary to convince the judge that the expert’s opinions are well founded. It will often include:

•factual evidence obtained by the witness which requires expertise in its interpretation and presentation;

•explanations of technical terms or topics;

•hearsay evidence of a specialist nature;

•opinions based on facts adduced in the case.

The primary ethical duty of an expert witness is to be truthful to the court, thorough in tech-

nical reasoning, honest as to opinion and complete in coverage of relevant matters. This applies to written reports as much as oral evidence, and regardless of whether the witness is on oath.

At the same time, when accepting instructions the expert assumes a responsibility to the client to exercise due care with regard to the investigations he carries out and to provide opinion evidence that is soundly based. This necessitates that the expert undertakes only those tasks he is competent to carry out and gives only those opinions he is competent to provide.

To fulfill these duties adequately it is, of course, vital that the expert should also have kept up to date with current thinking and developments in his field.

Expert evidence should be independent, objective and unbiased. In particular, an expert witness must not be biased towards the party responsible for paying his fee. The evidence should be the same whoever is paying for it.

Clearly, too, an expert witness should have:

•a sound knowledge of the subject matter in dispute, and, usually, practical experience of it;

•the powers of analytical reasoning required to fulfill his assignment;

•the ability to communicate findings and opinions clearly, concisely and in terms adapted to the tribunal before which evidence is being given;

•the flexibility of mind to modify opinions in the light of fresh evidence or counterarguments.

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