Expert Witness Testimony

Types of Witnesses

People: Carl Coppolino, Carmela Coppolino, Mary Gibson, Marjorie Farber, William Farber

Based on this, both William Farber and Carmela Coppolino’s bodies were exhumed
Dr. Carl Coppolino was tried in NJ for the death of William Farber and acquitted based on a lack of evidence for poisoning
In Florida, during the trial, it was theorized that Dr. Coppolino exploited his access to many potent drugs, including once called succinylcholine chloride (an injectable, paralytic agent)
- A novel technique for the detection of this chemical was used to detect it in Carmela’s brain
This, and other evidence, was used to convict Dr. Carl of second

The innocence project is an organization “dedicated to exonerating wrongfully convicted people through DNA testing and reforming the criminal justice system to prevent future injustice.”
Since 1989, more than 250 people in 34 states have been exonerated through post-conviction DNA testing

Reasons for wrongful convictions:

Forensic scientists help ensure that the guilty receive punishment and the innocent remain free.

Trial courts have broad discretion in accepting an individual as an expert witness on any particular subject
Must convince a judge that you have expertise in a subject; either a skill or knowledge
The court will usually consider
- Knowledge acquired through experience
- Training
- Education

Critical to the qualification of a witness as an expert is establishing their ability and competency
This typically achieved when an expert witness is asked a series of questions before the court
Competency may established via:
- Number of years on the job
- Citing educatorial degrees
- Participation in training
- Member of professional society
- Books / articles published

Can train with an experienced expert
Independent study
Formal education in the physical sciences provides a firm foundation for learning and understanding the principles of forensic science
Most importantly - the courts rely on training and years of experience as a measurement of the knowledge and ability of the expert

Even if you are deemed to be competent, the significance placed on the expert’s testimony may greatly depends on:

Experience
Demeanor (were they clear, concise, and logical in their testimony)
Most courts are reluctant to disqualify an individual as an expert even if they have little experience

An ordinary witness must testify on events or observations that arise from personal knowledge
- Must be factual
- Cannot contain personal opinions
An expert witness is explicitly brought in to evaluate evidence when the court lacks the expertise to do so
- They express their opinion as to the significance of the findings
- The views expressed are represented solely as the expert’s opinion, and may then be accepted or ignored during jury deliberations

The expert cannot render a view with absolute certainty
Can only offer an opinion based on reasonable scientific certainty derived from training and expertise
As an expert, you are expected to defend vigorously the techniques and conclusions of the analysis
- Should not be an advocate of one party’s cause
- Are merely weight in on the science
It is the duty of the judge or jury to weigh the pros and cons of all the information presented when deciding guilt or innocence

Question	Answer
(T/F) Providing expert testimony is not one of the main functions of a forensic scientist.	False
The effectiveness of an expert's testimony does not usually depend on the educational background of the expert.	False
(T/F) The expert witness's courtroom demeanor may play and important role in deciding what weight the court will assign to his or her testimony.	True

Textbook Chapter(s): 1,3