Monday, January 4, 2010

Difference Between an Expert Witness and a Factual Witness

Any time there is a trial going on, factual witnesses are almost always called to the stand to testify. But it is the expert witness that may not be seen as often because it depends on the type of trial going on. But what is the difference between an expert witness and a factual witness? How do both of these help put everything into perspective so that the jury can make an informed decision about a case? Well, they both offer valuable information. And the information that is offered by one is much difference than the information offered by the other.

The factual witness

The factual witness is an individual who knows facts about the case. For example, someone may be a witness to a murder, so they know facts about the case. They saw things and they know things that no one else has seen or knows. They have to give this information to those in the courtroom in order to be admitted as a type of evidence for the case.

What they do is they take an oath to tell the whole truth about what they know. They then give this information. It is the lawyer or prosecutor's job to find discrepancies in the witness's statement. If they do, that can indicate that the individual is lying or they just need help clarifying some things. Once things are clarified and the jury has a clear picture of that witness, they are able to have more data to help the make an informed decision about the case.

The expert witness

The expert witness is a completely different entity. For example, the expert witness will be a doctor, a scientist, or someone who is a professional. They are an expert in a particular field. And there is no limit to the number of fields that individuals can be experts in when it comes to expert witnesses. Even a Botanist may be called to the stand if a certain kind of flower was found at the crime scene.

Murder trials and other crimes committed against another human being are frequently cases where an expert witness is needed. Perhaps the coroner needs to testify about an autopsy. They'll talk about what it is that led them to come to the cause of death conclusion. An expert witness may also give their expert opinion about something, such as something being possible or not. Forensic scientists and even dentists can be called up to the stand regarding crime scene evidence and such things as dental records.

The importance of the witness

Either way, these are very important witnesses. In a trial, it is important that all of the possibilities, impossibilities, evidence, eyewitnesses, and expert witnesses are laid out in front of the jury. This is important to ensure that someone who is innocent is not sent to prison for a crime that they didn't do. The opposite is true as well. Not having sufficient evidence or witnesses can result in a guilty individual being let go, which means they could commit the crime again.

So if you are an expert in a particular field, you could become an expert witness. You never know when your expertise is needed. And if you find that you have been witness to a crime, you may be called to the witness stand to go over what you have seen or heard. All of this information is very important in order for the jury to establish innocence or guilt. This can make a huge difference in many lives and a difference in the world. When the guilty party is put away, the world is a safer place.

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