The Expert Witness Controversy Essay Example | Topics and Well Written Essays - 750 words

The Expert Witness Controversy - Essay Example One of the initial problems with expert testimony is that it is used by both the prosecution and the defense. The two experts must necessarily be at opposition in an effort to help their side's case and one of them must be wrong. This is further complicated by the vast number of "Expert Testimony Services" that have cropped up in recent years as lawyers and investigators pursue an expert-for-hire strategy. Some of these firms have been criticized for advertising that they will be paid only if they win the case. This is contrary to science and removes the neutrality of the scientific method. This attitude extends itself into the prosecution as government and police labs exaggerate claims or suppress evidence. In the case of Bromgard vs. Montana, Jimmy Ray Bromgard was convicted of raping an 8 year old girl based on a forensics expert who testified that the hair found at the scene had only a 1 in 10000 chance of not being Bromgard's. This expert testimony was fraudulent as there were n o means to statistically match hairs through microscopic inspection. Another problem with expert testimony enters the courtroom by way of new technology that may be unproven and unreliable. Termed "junk science", it is sometimes used by the defense to instill reasonable doubt, and more often by the prosecution to sway a jury in their favor. The 1993 case of Daubert vs. Merrill Dow Pharmaceutical set strict guidelines that lower courts must use to determine the admissibility of scientific evidence. It mandated that expert testimony be proven valid, reliable, peer reviewed, and generally accepted by the scientific community (Junk science, 2005). However, as new technology arises, it finds its way into court cases and is only upheld or overturned after years of appeal. When first introduced, fingerprint enhancement was labeled by defense attorneys as "...junk science, unreliable, and easily manipulated" (DeMarzo, 2003). Though the appeals process eventually upheld this technique, it runs the risk of alienating a jury and may result in a guilty verdict be ing overturned on appeal. The American Medical Association has been proactive in protecting the credibility of its profession by setting standards for medical testimony. In 1998 they adopted a policy that states, "... expert witness testimony is the practice of medicine subject to peer review" (Reardon, 1998). Medical malpractice suits and the questionable ethics of a Doctor receiving a contingency fee upon winning the case should arouse a sense of trouble in all involved. Expert testimony as it pertains to psychiatry is equally as troublesome as was seen in the case of John Hinkly. More recently, the case of Andrea Yates was overturned and ordered a new trial because of inaccurate testimony given by a leading forensic psychiatrist for the prosecution (Hausman, 2005). Further complicating the case was the controversial "Postpartum

Childhood Sexual Abuse Essay Example | Topics and Well Written Essays - 1000 words

Childhood Sexual Abuse - Essay Example The paper will seek to answer the question whether our client Marya, was sexually victimized as a child or adolescent in relation to her behavior in adulthood. To find out whether this thesis is true or false we have to analyze the book titled Madness, which describes Marya’s experience, and support our finding with knowledge from journal articles, as well as other literature containing information related to child sexual abuse. From the analysis of the book, it is clearly seen that Marya’s behavior is different from that of other children since her childhood. She had nightmares about a goat man coming to attack her at night and, in most cases, she asked her mother questions that expressed her fear (Hornbacher, 2008). This is believed to have been caused by a disorder she was born with. However, her condition in childhood is again very different from the conditions she is in as an adult. As an adult, she suffers both sex and drug addiction; she always have thoughts of c ommitting suicide. This is indicated by how she cuts herself and the way she is being frequently involved into having sex with boys due to lack of self-control (Hornbacher, 2008). Most of these effects are believed to have come out of post-traumatic stress disorder. This disorder is a result of sexual events that exposes a victim to great threats of injury or even death (Shiromani, LeDoux & Keane, 2009). As a result, she might be traumatized and thereafter might suffer from post-traumatic disorder. This kind of disorder can affect a person in different ways even in his/her adulthood. This trauma can affect a child in many ways, one of them being making the child unable to interact with other children regardless of gender and social status. This is an immediate effect where the difficulty in interaction is based on low self-esteem and self-confidence. Through this, a child’s social life gets affected negatively which can go to adulthood. Another immediate effect that this trau ma might have on a child is affecting his academic life. This trauma can make a child unable to concentrate in her academics and thus affecting her education negatively. The trauma can also affect the health and growth of the child. Research has shown that most children who have been sexually abused usually have nightmares that cause them lack of sleep and in most cases, lack of appetite (Warner, 2009). Various things trigger this kind of a disorder especially when it comes from childhood sexual abuse. One of the triggers of this disorder is loss of trust in the person that victimized the victim. The victim may also lack trust in other people of the same gender. Another trigger of this disorder is low self-esteem and lack of self-confidence that results from childhood sexual abuse. This disorder can also be triggered by self-denial that comes when one is continuously sexually abused. It is important to note that the magnitude of the disorder depend on its trigger, which can be one o r several of the mentioned in relation to the personality of the victim. Post-traumatic stress disorder developed from childhood sexual abuse, does not only affect children in their childhood, the effects are carried up to adulthood. The adult survivors of child sexual abuse exhibit behaviors that are not common in other individuals. This kind of people in most cases fails to be interactive and might fail to trust people of the opposite gender. Another