Admissibility of Expert Evidence

Abstract

The significance of the concept of reliability cannot be overestimated in a criminal trial, particularly in relation to the presentation of evidence, and this is even more pressing when scientific methods and the evidence produced are of a highly technical or specialised nature, to help a jury reach a decision on the guilt of a defendant/s. All courts are governed by rules that detail what types of evidence are admissible. One key aspect for the admission of evidence is whether it proves, or helps prove, a fact or issue in that case. Here we will consider the current approaches to courtroom admissibility of expert evidence in the United States and England and Wales, in light of recent reports that have aimed to highlight and offer solutions to some of the ongoing problems. There are two types of witnesses who proffer evidence in a trial: lay witnesses, who speak only of their own experiences, and experts, who are called upon to assist the jury understand the evidence being presented to them.