Jules Epstein. Has the Criminal Court [Defense] Expert Door Opened a Little?
An expert with knowledge that jurors don't have should be permitted to testify when that knowledge will inform the decisionmaker and meets the basic relevance threshold.
March 25, 2024 at 10:31 AM
5 minute read
EvidenceOnce upon a time, categories of experts were excluded from testifying in criminal cases on the antiquated and inaccurate claim that they "usurped the function of the jury" to determine credibility. The wall came down in 2014 with the seminal decision in Commonwealth v. Walker allowing experts on the vagaries of eyewitness perception and memory.
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