Many readers may wonder when it may be useful or necessary to consult an expert in criminal proceedings. In some cases, expert testimony may not be helpful — such as in a simple case of drug possession where drug testing is out of the question, or in a simple case of assault or assault. In other types of cases – such as sex offenses or violent crimes – having an expert witness can mean the difference between a guilty verdict or an acquittal, or being dismissed or charged. For example, with an allegation of child abuse or molestation, expert opinion on the techniques used in a forensic video can be invaluable. Likewise, a weapons, weapons or DNA expert can be crucial in a murder or aggravated assault case.
Unfortunately, the question sometimes arises in cases not whether an expert would be helpful, but whether a client can afford to hire an expert for a case. An attorney can help you decide how important an expert witness can be to your chances of success and how an expert witness can help your case strategy.
Who can testify as an expert?
The trial judge ultimately decides who may testify as an expert. Georgia courts are generally quite lenient in allowing testimony to individuals who demonstrate adequate education, training, or experience in a particular field of study. For example, doctors are usually considered experts by the courts of Georgia. Similarly, forensic scientists from the Georgia Bureau of Investigation are routinely qualified as experts. In addition to qualification, the science on which an expert opinion is based must meet the relevant legal standard.
OCGA 24-7-707 provides that in criminal proceedings, expert opinions “on any matter of science, skill, commercial or the like shall always be admissible.” The Georgia Supreme Court in Harper v. State (249 Ga. 519 (1982)) places a limit on the scientific procedures or theories on which an expert opinion is based. Rather than calculating consensus in the scientific community, Harper leaves it to the trial judge to determine whether a particular procedure or technique has “reached a scientific stage of testable certainty or . . . whether the procedure is ‘based on natural laws’.”
In short, an opinion must be based on scientifically valid methods that meet the Harper standard. If an attorney suspects that an expert witness’s methods do not meet the Harper standard, he or she may file a motion to disqualify him or her from testimony.
bottom line
Expert witnesses play an important role in many jury and bench trails across the state. Both juries and judges are often heavily influenced by expert testimony. Whether you are calling on an expert to testify in your defense or challenging the state’s expert’s credibility or methods, a thorough understanding of Georgian expert law is essential to any good defense. If you have any questions about expert appraisal law in Georgia, contact our office today for a free consultation.
