Pitluck H M
Croat Med J. 2001 Jun;42(3):221-4.
The use and advance of DNA evidence in courts of law has mushroomed in the last few years to the point that it can almost be assumed that DNA evidence will be admitted if the proper foundation is laid. While a few basic principles are necessary for admissibility in all cases, each case stands on its own and depends upon its own fact situation and evidence to determine admissibility. The more advanced the science and specificity in each case, the easier for admissibility. To challenge admissibility, a lawyer has to challenge the foundation laid for the evidence. It only stands to reason that if you cannot attack the science, you have to attack the scientist, ie, the expert witness. This presentation is based upon the author's six years as a prosecutor and almost 23 years as a judge. It will give attendees some helpful advice on the purpose of an expert witness, how to be qualified as an expert witness, and some dos and don'ts, as well as hints as to how to become a better expert witness.
在过去几年里,DNA证据在法庭上的使用和发展迅速增长,以至于几乎可以认为,只要奠定了适当的基础,DNA证据就会被采纳。虽然在所有案件中采纳证据都需要一些基本原则,但每个案件都有其自身的情况,取决于其自身的事实情况和证据来确定是否可采纳。每个案件中的科学和特异性越先进,就越容易被采纳。要质疑证据的可采纳性,律师必须质疑为该证据奠定的基础。理所当然的是,如果无法攻击科学,就必须攻击科学家,即专家证人。本演讲基于作者六年的检察官经历和近二十三年的法官经历。它将为与会者提供一些关于专家证人的目的、如何具备专家证人资格、一些注意事项以及如何成为更好的专家证人的有用建议。