The Problem With Experts
Earlier this week, Adam Liptak wrote about the downside of allowing opposing litigants to select their own paid experts to render opinions as trial witnesses. He discussed the Australian concept of "hot tubbing," where the litigants' experts "testify together at trial — discussing the case, asking each other questions, responding to inquiries from the judge and the lawyers, finding common ground and sharpening the open issues," and the practice prevalent in Europe, where "expert witnesses are selected by judges and are meant to be neutral and independent."
In criminal cases, as Radley Balko and Roger Koppl discussed in a Slate article yesterday, experts who are paid "charlatans are only half the story." [More ...]
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