ETHICALITY AND THE EXPERT WITNESS: REMEMBERING WHAT HANGS IN THE BALANCE.

Abstract

The motivation to write this article was born out of a keynote lecture given by the author at the University of Windsor, Ontario, Canada for the "Trends in Forensic Sciences: CSI Windsor 2014" Conference on March 21, 2014. The thesis of the ensuing discussion, as the article's title implies, emphasizes how absolutely essential it is for a forensic expert to embody the highest standards of honesty and integrity when called upon to testify in a court of law. First principles are re-visited and discussed in order that the reader understands the necessity of being familiar with the basic rules that are applicable to expert testimony as well as the moral codes that support the doctrinal underpinnings. In addition, the passage of time is explored against a backdrop of scientific advances to help illustrate why the scientific community must remain alive to the possibility that what is seen as a present day given, may be shown not to be so in the foreseeable future. From both a scientific and a legal perspective, at a time when wrongful convictions are being uncovered with some regularity, the various issues surrounding the giving of expert evidence are considered under a much more focused and critical lens. Ultimately, recommendations are made to ensure that the ethicality of the expert witness remains intact, including methods to deter those whose own moral compass is simply not sufficient to stay the course. The tension that often arises between law and science is duly recognized, with compromises considered where appropriate. All comments found herein are solely those of the author made in his personal capacity.