In most criminal investigations there is both an expert witness and a factual / observing witness. Factual witnesses nearly always stand in court and testify against someone during a trial. But it is the expert witness that may not be seen as often in the court room but their opinion is vital during criminal proceedings. So what is the difference between an expert witness and a factual witness?
Expert Witnesses
An expert witness will specialist within a particular industry or a leading industry professional. They are always an expert in a particular field and their opinion and analysis of evidence is regarded as invaluable during criminal investigation. Expert witnesses have no limit to the number of fields that they can be regarded as an expert but if their knowledge of a particular subject is weak and they are chosen as an expert witness in a court case its often the case that the opposition will cross examine their opinions and position as an expert.
Factual Witnesses
Most commonly a witness to an event, the factual witness is an individual who knows facts about the case. Factual Witnesses see and know things that no one else has seen or knows during a court case. They have to give this information to those in the courtroom in order to be admitted as a type of evidence for the case.
In court cases factual witnesses will take an oath to tell the whole truth about what they know and then give this information. It is the defence or prosecutions job to find discrepancies in the witness's statement, which is where sometimes expert witness analysis comes into play.
The importance of the witness
In both cases expert and factual witnesses are essential in court cases and their opinions are the reason behind a verdict. In a trial, it is important that all of the possibilities, impossibilities, evidence, eyewitnesses, and expert witnesses are laid out in front of the jury. This is important to ensure that someone who is innocent is not sent to prison for a crime that they didn't do. The opposite is true as well. Not having sufficient evidence or witnesses can result in a guilty individual being let go, which means they could commit the crime again.
If you would like to know more information about expert witnesses and expert witness services please contact Forensic Resources Ltd on 02920 647 043.
Thursday, 20 May 2010
What is an Expert Witness?
An expert witness is someone who works in a particular profession and they are considered an expert within their field. For example an expert witness for the fingerprint analysis industry will have a wealth of experience within the fingerprint industry understanding all types of fingerprinting techniques, variations in dna results and a sound knowledge of how to comment on fingerprinting enquiries to both the press and legal teams. This individual must have more knowledge in their field than the average individual in order to be considered an expert.
Both defence and prosecution legal teams who hire expert witnesses to testify for their side may ask a series of questions to determine if the expert witness is the best one for them to achieve a specific outcome or analyse evidence in a particular way.
Types of expert witnesses?
There are two main types of expert witnesses. They are the testifying experts and the non-testifying experts.
A testifying expert witness is seen as a communicator within court room proceedings. They are usually out in front of everyone to see and any documentation that they present to support the side they are testifying for will expose what they have said about the case. It is a rule of thumb within the expert witness industry not to not to write on the documents being analysed as the other side can see what they have written. This could hurt the case if the witness has expressed any sort of personal opinion on those documents which could then be cross examined.
The second type of expert witness is the non-testifying expert witness. These are expert witnesses that are hired by one of the sides in the case to evaluate the case. For instance, a lawyer may hire an expert witness doctor to look over a malpractice suit to see if something was out of the usual when a certain procedure was performed. There may be causes in which a nurse practitioner may be called as well to evaluate documents in regards to a medical case.
The non-testifying expert is the individual who is protected. They are not usually discovered like those who must sit in front of the jury and the court and testify regarding a case. The non-testifying expert doesn't have to be known, but the documentation that they participated in will be shown.
The importance of specialisation
It is important that an expert witness has a specialisation when it comes to legal analysis and expert witness services in court. Although most expert witnesses have been involved in a particular profession, there may be an area of that profession that they specialise in. This is important to solicitors when choosing an expert witness, it is important that the witness specialises in the area the lawyer needs help in analysing and presenting. It is not enough to just work in that particular field.
How important are expert witnesses?
Expert witnesses can prove to be pivotal during cases as their opinions can make or break key evidence brought to trial. Without the contribution of expert witnesses there would be innocent people in prison and guilty parties running free. It is their testimony that can help determine whether or not an individual committed the crime which can be life changing.
If you require any type of expert witness service or require further information on expert witness analysis please contact Forensic Resources Ltd on 02920 647 043.
Both defence and prosecution legal teams who hire expert witnesses to testify for their side may ask a series of questions to determine if the expert witness is the best one for them to achieve a specific outcome or analyse evidence in a particular way.
Types of expert witnesses?
There are two main types of expert witnesses. They are the testifying experts and the non-testifying experts.
A testifying expert witness is seen as a communicator within court room proceedings. They are usually out in front of everyone to see and any documentation that they present to support the side they are testifying for will expose what they have said about the case. It is a rule of thumb within the expert witness industry not to not to write on the documents being analysed as the other side can see what they have written. This could hurt the case if the witness has expressed any sort of personal opinion on those documents which could then be cross examined.
The second type of expert witness is the non-testifying expert witness. These are expert witnesses that are hired by one of the sides in the case to evaluate the case. For instance, a lawyer may hire an expert witness doctor to look over a malpractice suit to see if something was out of the usual when a certain procedure was performed. There may be causes in which a nurse practitioner may be called as well to evaluate documents in regards to a medical case.
The non-testifying expert is the individual who is protected. They are not usually discovered like those who must sit in front of the jury and the court and testify regarding a case. The non-testifying expert doesn't have to be known, but the documentation that they participated in will be shown.
The importance of specialisation
It is important that an expert witness has a specialisation when it comes to legal analysis and expert witness services in court. Although most expert witnesses have been involved in a particular profession, there may be an area of that profession that they specialise in. This is important to solicitors when choosing an expert witness, it is important that the witness specialises in the area the lawyer needs help in analysing and presenting. It is not enough to just work in that particular field.
How important are expert witnesses?
Expert witnesses can prove to be pivotal during cases as their opinions can make or break key evidence brought to trial. Without the contribution of expert witnesses there would be innocent people in prison and guilty parties running free. It is their testimony that can help determine whether or not an individual committed the crime which can be life changing.
If you require any type of expert witness service or require further information on expert witness analysis please contact Forensic Resources Ltd on 02920 647 043.
Forensic Drug Analysis on banknotes
Forensic Scientists have stopped a legal loophole that had allowed drug dealers to shrug off incriminating forensic evidence in court.
During forensic investigations police use cocaine found on bank notes as evidence that a criminal handled large amounts of the drug. But in court defendants often claim the contamination is simply due to them living in an area of high drug use.
But this is no longer to be the case as this new study has revealed, because contamination is evenly distributed on bank notes throughout the country. It has already been used in several court cases involving drug crime.
"Across the country contamination was on average approximately the same. So geographical location was not important," said Gavin Lloyd at Bristol University who carried out the study.
Almost every bank note circulating across the UK is contaminated with tiny amounts - of the order of a billionth of a gram of cocaine, according to Abi Carter whose company Forensic Resources carries out drug analyses for British police authorities.
“Cocaine sticks to bank notes particularly well because the typical size of particles is roughly right to fit in between the fibers of bank notes. Most notes have probably not come into direct contact with cocaine - for example when someone rolls them up to snort the drug - but bank sorting machines even out contamination by moving the drug between lots of notes. Traces of Cannabis and heroin are typically found on around 5% of bank notes”
If cash seized by police investigating drug crime or money laundering has unusually large quantities of the drug though this can be vital evidence for securing a conviction. But the team wanted to check that living in a high crime area or near a port where drugs are smuggled into the country does not mean that money in circulation legitimately is not also highly contaminated.
They picked eight locations around the country including Oxford, Folkestone and Cardiff that varied in their crime rate, affluence and proximity to a port. At each location they tested 100 notes from a local bank and found that levels of cocaine contamination did not vary around the country. The team was presenting their research at the British Association Festival of Science.
Further information:
If you require further information on drug analysis, drugs on bank note analysis or any other drug expert witness services please contact Forensic Resources ltd on 02920 647 043
During forensic investigations police use cocaine found on bank notes as evidence that a criminal handled large amounts of the drug. But in court defendants often claim the contamination is simply due to them living in an area of high drug use.
But this is no longer to be the case as this new study has revealed, because contamination is evenly distributed on bank notes throughout the country. It has already been used in several court cases involving drug crime.
"Across the country contamination was on average approximately the same. So geographical location was not important," said Gavin Lloyd at Bristol University who carried out the study.
Almost every bank note circulating across the UK is contaminated with tiny amounts - of the order of a billionth of a gram of cocaine, according to Abi Carter whose company Forensic Resources carries out drug analyses for British police authorities.
“Cocaine sticks to bank notes particularly well because the typical size of particles is roughly right to fit in between the fibers of bank notes. Most notes have probably not come into direct contact with cocaine - for example when someone rolls them up to snort the drug - but bank sorting machines even out contamination by moving the drug between lots of notes. Traces of Cannabis and heroin are typically found on around 5% of bank notes”
If cash seized by police investigating drug crime or money laundering has unusually large quantities of the drug though this can be vital evidence for securing a conviction. But the team wanted to check that living in a high crime area or near a port where drugs are smuggled into the country does not mean that money in circulation legitimately is not also highly contaminated.
They picked eight locations around the country including Oxford, Folkestone and Cardiff that varied in their crime rate, affluence and proximity to a port. At each location they tested 100 notes from a local bank and found that levels of cocaine contamination did not vary around the country. The team was presenting their research at the British Association Festival of Science.
Further information:
If you require further information on drug analysis, drugs on bank note analysis or any other drug expert witness services please contact Forensic Resources ltd on 02920 647 043
Mephedrone ban brought in on the 16th of April 2010
From the 16th of April 2010 the drug Mephedrone, also known as Meow Meow, Bubbles and MCAT, will be made a class B drug following its link to a number of deaths across the UK. A Class B drug carries a penalty of up to five years in prison or an unlimited fine for possession and up to 14 years in prison for supplying the drug.
Mephedrone is reported to have a similar effect to amphetamines, ecstasy or cocaine but also causes nausea, palpitations and vomiting. It has been linked to over 25 deaths across the UK in the past 12 months including those of Louis Wainwright, 18, and Nicholas Smith, 19, in Scunthorpe last month.
In the past 3 years mephedrone has become the fourth most abused drug in British nightclubs where it could be purchased from as little as £5. The government’s swift crackdown on the drug has lead to the smuggling and hording of the drug which has lead to several police investigations in recent weeks.
If you require analysis of any drugs to determine whether they are Mephedrone or if you require a forensic drug analysis, forensic drug testing or any other type of drug related investigation service for Mephedrone please don’t hesitate to contact Forensic Resources Ltd on 02920 647 043.
Mephedrone is reported to have a similar effect to amphetamines, ecstasy or cocaine but also causes nausea, palpitations and vomiting. It has been linked to over 25 deaths across the UK in the past 12 months including those of Louis Wainwright, 18, and Nicholas Smith, 19, in Scunthorpe last month.
In the past 3 years mephedrone has become the fourth most abused drug in British nightclubs where it could be purchased from as little as £5. The government’s swift crackdown on the drug has lead to the smuggling and hording of the drug which has lead to several police investigations in recent weeks.
If you require analysis of any drugs to determine whether they are Mephedrone or if you require a forensic drug analysis, forensic drug testing or any other type of drug related investigation service for Mephedrone please don’t hesitate to contact Forensic Resources Ltd on 02920 647 043.
The reasons behind employee drug testing?
All relationships depend on trust. Through participating in recreational drug use while at work or coming into work under the influence of drugs and alcohol is regarded by most as breaking the trust between an employer and employee. Drug abuse is one of the most common reasons why random employee drug testing is being introduced into workplaces across the UK.
Drug abuse is a common problem in UK businesses and contributes to organisations losing thousands of pounds each year through lost time, sickness, injury, theft, abuse and damage.
When there is an understand that drug and alcohol abuse is effecting the performance of a business or has contributed to any forms of theft, damage or work place harassment then it’s common for an employee drug test to be conducted to identify the employees breaking the rules and punish them accordingly.
Employers are required to give any applicants or employees written notice of drug testing that may take place within the duration of their employment. Many employers now have written clauses within the employees contract stating mandatory drug tests will be conducted when required by the employer. The same notice is also advised to mention specific non-prescription medications that may yield a positive result in the testing process.
Employee Drug Testing must also be done correctly and may involve hair analysis, blood analysis, saliva and sweat analysis, urine analysis, or blood analysis.
Many industries require employee drug testing as part of their health and safety policy and to satisfy accreditations and licenses. For example employee drug testing is compulsory for employees when working on railway lines.
If you require further information on employee drug testing, employee screening, employee blood alcohol testing or any other form of drug testing please visit Forensic Resources Ltd the UK’s leading employee drug and alcohol testing service.
Drug abuse is a common problem in UK businesses and contributes to organisations losing thousands of pounds each year through lost time, sickness, injury, theft, abuse and damage.
When there is an understand that drug and alcohol abuse is effecting the performance of a business or has contributed to any forms of theft, damage or work place harassment then it’s common for an employee drug test to be conducted to identify the employees breaking the rules and punish them accordingly.
Employers are required to give any applicants or employees written notice of drug testing that may take place within the duration of their employment. Many employers now have written clauses within the employees contract stating mandatory drug tests will be conducted when required by the employer. The same notice is also advised to mention specific non-prescription medications that may yield a positive result in the testing process.
Employee Drug Testing must also be done correctly and may involve hair analysis, blood analysis, saliva and sweat analysis, urine analysis, or blood analysis.
Many industries require employee drug testing as part of their health and safety policy and to satisfy accreditations and licenses. For example employee drug testing is compulsory for employees when working on railway lines.
If you require further information on employee drug testing, employee screening, employee blood alcohol testing or any other form of drug testing please visit Forensic Resources Ltd the UK’s leading employee drug and alcohol testing service.
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