Summary
This paper gives a summary of Expert Witness: Past, Present and Future. This was a presentation delivered by Mike Jones. In this article, Jones discusses about the important role of expert witnesses in the determination of cases in the court of law. As part of the due process, the English law guarantees suspects involved in the criminal and civil suits to defend themselves through a personal representation or to rely on the services of an attorney. While doing this, it is essential for the court to prove beyond reasonable doubt that the accused person is guilty or innocent of the alleged offence. Hence, it is incumbent upon the prosecutor and the judges to work in collaboration with the investigators to find out valid and reasonable evidence which can be fundamental in determine the case.
However, as Jones says, some cases are quite complicated. They can not be fully and completely be handled by the magistrates alone. Meaning, they require the interventions of professionals who have a sound knowledge about the issue before the court. This is what happens in the determination of Shaken Baby Syndrome (SBS). Initially, it was so challenging to determine such cases without being unfair to either the plaintiff or defendant. This was a time when the idea of expert witness had not been fully incorporated in the judiciary. Hence, a mere appearance and physical examination of an expert would be enough to condemn the accused person to death even before the due process of the law was followed. This as done by Sir Bernard Spilsbury who lived between 1877 to 1847.
Today, a lot of amendments have been introduced into the constitution to make court procedures more relevant and accommodative to all. For instance, the introduction of biomechanics has played a very significant role in the determination of SBS cases. SBS is a medical condition affecting infants. It is caused by shakings which are often deliberately done by the adults who are handling such kids. Over the years, it has been so challenging to exactly determine what exactly caused it. Hence, a lot of cases have been taken to the court to charge people wit causing SBS to children. Action needs to be taken against the culprits since SBS is a dangerous complication which can jeopardize the health of infants. It can be fatal enough to result into brain injury, blindness, and mortality, cognitive and motor impairments. As a Non Accidental Head Injury (NAHI), SBS can be static or inertial. This implies that it can take various forms which may make it difficult to be determined.
Therefore, while handling a case of this nature, it is essential that professional biomechanics are involved. While the judicial officers may be too conversant with the laws of the land, they can not assume to be know-it alls. In other words, they do not have much knowledge bout medicine. Therefore, they must acquire the services of biomechanics. The use of an ophthalmologist is the only thing to do. They are professionals who are highly knowledgeable on this area. Hence, they can use their expertise and wide range of experience to help in determining exactly what happened to the child. This can enable the court to come up with a rational, just and well thought decision which is fair to both the plaintiff and the defendants.
While the use biomechanics is highly encouraged, it has emerged that it still faces a lot of challenges. It is a very complicated area which needs a team of highly qualified personnel to handle. This has made it hard for the courts to tackle all the cases presented to it. SBS can take many dimensions. It can be associated to the state of the art and golden standards. Besides, the magnitude of its effects is determined by the contact surface area, mixed surface and surface friction. It has therefore become a difficult thing to do.
Hence, in order to ultimately resolve such challenges, it is important for appropriate improvements to be taken. The best thing to do is to dedicate resources for conducting extensive research to unveil the truth and produce recommendations which can be relied upon as part of evidence during the hearing process. Such researches include the lab based infant motion and the video based analyses. If properly applied, they can provide crucial information to the prosecutor. While infant motion analysis uses computer models to investigate children’s biochemical injuries and movements in the head, neck and spine, video based analysis applies motion software especially to children between the ages of 9-24 months.
Conclusively, it is important to acknowledge the important role of expert evidence in the determination of court cases. It is one of the ways through which the judge can ensure that the whole truth is known before making their final rulings. Although biomechanics is integral in the determination of SDH, a lot of studies still need to be conducted. They will help in finding out what exactly underlies this condition.
