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Thursday, 20 May 2010

The difference between expert witnesses and factual experts?

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.

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