A STUDY ON ROLE OF EXPERT WITNESS IN MISCARRIAGES OF JUSTICE WITH REFERENCE TO INDIA

AUTHORS – JEEVITHA RAMANI. KG & HANUSHKA SRINIVASAN .S, STUDENTS AT SAVEETHA SCHOOL OF LAW, SAVEETHA INSTITUTE OF MEDICAL AND TECHNICAL SCIENCES (SIMATS) CHENNAI-77

BEST CITATION – JEEVITHA RAMANI. KG & HANUSHKA SRINIVASAN .S, A STUDY ON ROLE OF EXPERT WITNESS IN MISCARRIAGES OF JUSTICE WITH REFERENCE TO INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 708-727, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Expert witnesses have a complex and vital role in injustices and the judicial system. These people contribute specialized knowledge and experience to court proceedings, frequently offering vital insights that have the power to influence decisions. But their influence on a case’s result might be significant, therefore in order to avoid injustices, their evidence needs to be carefully examined. In order to assist juries and judges in reaching well-informed verdicts, expert witnesses are frequently asked to interpret intricate scientific, medical, or technological evidence. In situations when forensic evidence is involved, such as DNA analysis, ballistics, or fingerprint testing, their testimony may be crucial. Notwithstanding their significance, mistakes, prejudices, or misbehaviour on the part of expert witnesses can result in miscarriages of justice. Notwithstanding their significance, mistakes, prejudices, or misbehavior on the part of expert witnesses can result in miscarriages of justice. Inaccurate findings might result from problems like confirmation bias, in which specialists interpret the data in a way that supports their prior notions. Expert witnesses occasionally might not have the training or experience needed to give credible testimony, which would further jeopardize the fairness of the legal system. Legal professionals also need to be on the lookout for faulty expert testimony and be prepared to refute it using cross-examination and opposing evidence. Courts must establish strict guidelines for the admission and assessment of expert testimony in order to reduce the possibility of miscarriages of justice involving these witnesses. In order to guarantee that only reliable testimony is given to the jury, judges are essential in determining the relevance and dependability of expert evidence. In spite of the possible dangers involved in their engagement, this abstract emphasises the value of expert witness evidence in guaranteeing impartial and accurate judicial conclusions.

KEYWORDS :  Expert witnesses, Miscarriages of justice, Legal proceedings, Specialised knowledge, Judicial decisions, Error and bias, Rigorous standards, Fairness and justice.