Ethical Essay 2
Introduction
Expert witnesses play a crucial role in legal proceedings, providing specialized
knowledge to assist judges and juries in understanding complex subjects. Ethics is often defined
as a broad term. Ethics in criminal justice refers to the study and practice of ethics. It is often
applied in law enforcement. Ethics are the principles that guide professional conduct of
individuals who work in the criminal justice system. Ethics are essential in criminal justice
because they provide a framework for societal values.
Ethical Components of Testimony
Expert witness testimony plays a crucial role in legal proceedings. There are ethical
components that should be considered when evaluating expert testimony. Some of those ethical
components consist of truthfulness and accuracy, full scientific disclosure, balancing certainty
and complexity, and community standards. Regarding truthfulness and accuracy expert witnesses
must adhere to a code of ethics that provides truthfulness. Witnesses should provide accurate
information, avoid intentional inaccuracies, and maintain transparency. Transparency about how
expert knowledge is produced is vital but formal standards should not unduly restrict the truth-
seeking process. Regarding full scientific disclosure, transparency is an essential component.
Expert witnesses should disclose all relevant information, including disconfirming data and
alternative viewpoints. Regarding balancing certainty and complexity experts may feel pressured
to present definitive conclusions. Courts should recognize that accepted “truth” in science is
unchanged. Regarding community standards, developing norms for expert witness testimony
involves understanding communal standards. Garcia and Patton state, “Carefully review the
Federal Rules of Evidence, Rule 702 or your analogous state law which governs qualifying
witnesses. Most litigators will tell you, and we agree, qualifying a witness is not the difficult part
Ethical Essay 3
of the process. Rule 702 can give you some guidance. It states: “A witness who is qualified as an
expert by knowledge, skill, experience, training, or education may testify in the form of an
opinion or otherwise if: (a) the expert’s scientific, technical, or other specialized knowledge will
help the trier of fact to understand the evidence or to determine a fact in issue; (b) the testimony
is based on sufficient facts or data; (c) the testimony is the product of reliable principles and
methods; and (d) the expert has reliably applied the principles and methods to the facts of the
case” (Garcia & Patton, 2014, p. 1).
There are advantages and disadvantages to expert witnesses. “A psychologist offered a
critique of expert witnesses in his own field of psychology. Among the failings he found were:
The use of psychological tests that had not been validated for the purpose at hand; Doctrinaire
commitment to preconceived ideas; Forming initial impressions too quickly and failing to change
these impressions in the face of new evidence. “Court-appointed experts,” he concluded, “as well
as hired guns, may possess their own biases and foibles. A social scientist added to this comment
by saying that the fault may be “much more systemic.” She advocated a broader approach to
ethics that takes full account of all the forces affecting the court system. “We can’t limit ethical
thinking to the behavior of particular expert witnesses in the courtroom,” she said. “Although
that’s an important place to focus on, it should not be the only place” (National Academy of
Sciences, 2002).
To be an expert witness, you must qualify. According to Vertex, “If scientific, technical,
or other specialized knowledge will assist the trier of fact to understand the evidence or to
determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience,
training, or education, may testify thereto in the form of an opinion or otherwise, if (1) the
Ethical Essay 4
testimony is based upon sufficient facts or data, (2) the testimony is the product of reliable
principles and methods, and (3) the witness has applied the principles and methods reliably to the
facts of the case. In general, experts and expert testimony are qualified under either the Daubert
standard or the Frye standard. The Daubert Standard is codified in Rule 702 of the Federal Rules
of Evidence and has been adopted in approximately 34 states. The focus of the qualification is on
reasoning and methodology instead of the expert’s conclusions. During the expert’s testimony,
the testimony must pertain to his or her knowledge and the expert must have sufficient training
and experience to support his or her reasoning. The Daubert standard is generally viewed as the
more stringent qualifying standard” (Vertex, 2019). To meet the Frye standard, scientific
evidence presented to the court must be interpreted by the court as “generally accepted” by a
meaningful segment of the associated scientific community. This applies to procedures,
principles, or techniques presented in court case proceedings.
Ethical expert witness testimony requires a commitment to truth, transparency, and
adhering to community standards.
Christian Worldview
Ethics play a crucial role in achieving justice and reflecting a Christian worldview.
Christian worldview and ethics are rooted in a theistic worldview, assuming the existence of a
fixed moral order established by God. The ultimate basis for Christian ethics lies in God’s moral
character. Biblical ethics is also essential for understanding how to live a life pleasing to God.
Related to reflection-based learning for ethical formation, reflective learning integrates lessons
from experience into fostering moral development. Christian ethics teach us how to live in a
manner worthy of God. A Christian worldview provides a framework for ethical thinking,
Ethical Essay 5
shaping our identity and understanding history. According to Grudem, “The goal of ethics is to
lead a life that glorifies God. Such a life will have (1) a character that glorifies God (a Christ-
like character), (2) results that glorify God (a life that bears abundant fruit for God’s kingdom),
and (3) behavior that glorifies God (a life of obedience to God, lived in personal relationship
with God)” (Grudem, 2018). Ethical professional behavior aligns with Christian principles and
contributes to a compassionate world.
1 Corinthians 10:13 states, “No temptation has overtaken you except what is common to
mankind. And God is faithful; he will not let you be tempted beyond what you can bear. But
when you are tempted, he will also provide a way out so that you can endure it” (BibleGateway,
2024).
Conclusion
In conclusion, ethics may be the most crucial aspect of the court system because it covers
all court proceedings. Although expert witnesses do not change the court system, they do fight
for what is right and advocate for the criminal justice system.
References
BibleGateway. (2024). BibleGateway.com. Biblegateway.com; BibleGateway.
https://www.biblegateway.com/
Garcia, M., & Patton, N. (2014). Experts and Opinions on the Pitfalls and Possibilities of Expert
Witness Testimony. Pass It On, 24(1). https://www.americanbar.org/
Grudem, W. (2018, July 24). 10 Things You Should Know about Christian Ethics. Crossway.org.
https://www.crossway.org/
National Academy of Sciences. (2002). Read “The Age of Expert Testimony: Science in the
Courtroom: Report of a Workshop” at NAP.edu. In nap.nationalacademies.org. The
National Academies Press. https://nap.nationalacademies.org/
Vertex. (2019, March 5). What is an Expert Witness and how can they help me? VERTEX.
https://vertexeng.com/
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