Rights and Duties of Experts

Abstract

This chapter examines the rights and duties of experts, with emphasis on the rules governing the use of expert evidence in the non-adversary criminal justice systems most commonly found in Europe. It first provides an overview of relevant concepts and definitions relating to the position and role of the expert in criminal investigations and trials before discussing the process of hiring non-adversary experts and defining the questions put to them, the duties that befall the expert, and the issue of defense rights in connection with expert evidence. It also reviews the empirical literature about the evaluation of expert evidence by jurors and professional judges before proceeding with an analysis of what sanctions can be imposed when an expert commits a gross negligence or willfully misleads the court. Finally, it explores several issues that have arisen lately with regards to the use of expert evidence in criminal proceedings.