The Mock Trial

Afternoon All, 

today we will be examining the Mock Trial and the issues relating to an expert witness and their ability to give evidence.

Writing and presenting the expert report as an expert witness is not the only preparation needed. It isn’t acceptable to just turn up to court on the day and answer the counsel’s questions. The following video explains why preparation is key to presenting evidence:

A witness must be prepared before they enter a courtroom in order to provide professional and effective evidence. Being prepared instils confidence in not only the jury but also self-confidence. An expert witness but also adhere to important rules or procedure and evidence prescribed by both statutes and the courts to avoid any issues or misunderstandings in the trial. As an expert witnesses they should understand what will happen in their trial proceedings and what they should be aware of when presenting their evidence (Rahman, 2016). Such things include:

• Direct examination

• Cross examination

• "Yes or No" questions

• "I Don't Know" answers

• Getting cut off

• Keeping emotions in check

• Demeanour

• Dress

• Demonstrations 

In light of the Mock Trial that was conducted in the Governance, Fraud and Investigation class there are many ways that one should prepare to give expert evidence. There were many ways in which students could have improved their evidence giving skills such as using formal language to answer questions and talking to the judge, ensuring a thorough understanding of the report, and only providing and answering asked questions honestly.  

Giving expert evidence can be very difficult, and there are certain problems that an expert witness may face. Expert evidence has been identified as one of the main sources of expense, complexity and civil proceedings. Many times courts appoint multiple experts in jurisdictions to give evidence where quantity rather than quality of opinion has often been the norm (Wood, 2001).

Generally, the most common criticism of expert witnesses is that they are overly partisan and fail to provide the court with a neutral or independent opinion. This can often happen when the expert report contain bias or little or no facts. As evident in the Mock Trial by examining the reports, it can be noted that there were many opinions not based on facts and large amounts of bias favouring both the prosecution and defence.

Based on my experience of the Mock Trial, it was hard to only answer the questions asked. When giving evidence in a legal trial, you want to be able to provide sufficient evidence however when asked a particular question you want to be able to back up your answer. Instead of only answering the question you try to justify, which sometimes causes mistakes that find you in a hard spot which leads to more questions that you cannot answer.  

Overall, the experience of the Mock Trial has shone light on the problems and criticisms facing an expert witness. Identifying ways in which you can prepare to provide professional and unbiased evidence is crucial to a legal proceeding, this should also be accompanied by identifying the ways you shouldn’t approach evidence giving. 


References

Justice James Wood, 2001. Changing the roles of experts. Victorian Law Reform Commission - Civil Justice Review: Report. Retrieved Jun 10. from http://www.lawreform.vic.gov.au/sites/default/files/Chapter+7+-+Changing+the+Role+of+Experts.pdf

Mehjabeen Rahman, January 4, 2016. Preparing an Expert Witness for Trial Testimony – A Checklist. The Expert Institution. Retrieved Jun 10. from https://www.theexpertinstitute.com/preparing-expert-witness-trial-testimony/