Preparation of Expert Witness for Trial and Pretrial Motions
Pretrial motion hearings and preparation of an expert witness for trial are two elements included in the process of presenting crime scene evidence in courts. Understanding of them helps to considerate only proper evidence by a court and as a result to exclude a wrong judicial decision.
Witness not always can have enough knowledge in special areas and expert witness helps to solve this problem. “An expert witness can testify to and give opinions on matters outside of the knowledge of the average
person” (Buckles, 2007). Preparation of expert witness for trial should include some steps. Firstly, the expert witness must be assured that he is qualified and experienced in particular branch of knowledge. Usually, it
must be confirmed by a degree or other certificate. Then expert witness must be ready to answer qualification questions in trial. The expert witness should know all obstacles of the crime and all existent evidence.
Before starting of the trial expert witness must request all available information about evidence to eliminate any doubts in a trial about his conclusion.
Pretrial motions are those instruments used in the process of presenting crime scene evidence which help a court not to use evidence which are obtained with some violations. It helps avoid injustice in a trial. Trial discovers pretrial motion in pretrial motion hearing. A significance of common pretrial motions is “not to prevail at the trial level, but to preserve an issue for appeal”(McCord, 2011). For example, the most useful common pretrial motions are “motion to dismiss” and “motion to suppress evidence”. In them defense asks a trial not take into
consideration some evidence, arguing that it is terminated, falsified or obtain in an illegal way.
Therefore, it’s clear why the role of preparation of expert witness for trial and pretrial motions is so important for the process of presenting crime scene evidence in courts.
References
Buckles T. (2007). Crime Scene Investigation, Criminalistics, and the Law. New York, NY: Thomson Delmar Learning.
McCord J., McCord S., & Bailey S. (2011). Criminal Law and Procedure for Paralegal: A System Approach, Fourth Edition. New York, NY: Delmar Cengage …
