University Affairs ran an interesting article earlier this week on the intersection between higher education and the law, discussing the stories of three academics who contributed significantly to the administration of justice by their roles as experts in court proceedings.

Experts, usually professors or researchers, fill a unique position in helping a court arrive at a just outcome in a dispute.  Trials generally work by witnesses sharing information about what they have personally observed or know to be true – lay witnesses must usually have personal knowledge about an issue for their evidence to be admissible.   Judges don’t have time for opinions.  Expert witnesses, however, are allowed to offer their opinions on things that they have not observed directly.   This is because judges and juries often need input from an expert to make sense of a technical or obscure event or calculation and it allows them to fill in the gaps or draw inferences based on an expert’s say-so.

A recent example of the important function of experts in court was played out over the summer during the Braidwood Inquiry, where doctors and professors argued over the impact of tasers in the death of Robert Dziekanski.  An expert witness can often make the difference between victory or failure in court.  Lawyers are encouraged to rely on professors and others to help make a case, and experts should acknowledge what they bring to the table in those situations even if it means getting a theory or analysis grilled in court.

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