QUESTION 1

In many criminal cases in which violence is an element of the charged crime, presiding officers are tempted to research forensic science to better understand expert testimony.

What would your advice be to presiding officers engaging in this practice?

A.B & C above.

B.Refrain from doing such research altogether. Obtain expert witness testimony and properly receive the information.

C.Such research should only be done to gain background understanding of a specific scientific discipline.

D.Where any independent research is relied upon in coming to a decision in any case, the parties should be duly informed.

1 answer

My advice to presiding officers engaging in researching forensic science would be:

D.Where any independent research is relied upon in coming to a decision in any case, the parties should be duly informed.

It is crucial that presiding officers remain impartial and avoid any bias that may be influenced by their independent research. If they do engage in research, it is important to inform all parties involved in the case so that they have an opportunity to provide their own input or challenge the information presented. This ensures transparency and fairness in the legal proceedings. However, it is generally recommended for presiding officers to rely on expert witness testimonies and properly receive the information rather than conducting their own research, as they may not possess the same level of expertise as the forensic science professionals.