What Research About Procedures Can Teach You

Home \ Legal \ What Research About Procedures Can Teach You

The Role of an Expert Witness in a Case Involving Drugs A defendant and a plaintiff who go to court will surely do everything in their power to secure a victory. To reach this goal, the two parties raise many arguments, and evidence is provided to support such. One of the strategies they can use is presenting an expert witness. A person who provides court evidence beyond a jury’s normal knowledge and experience is called an expert witness. This person is obliged by law to be impartial, and to express his expert opinion based on confirmable fact. The credibility standards set for expert defense witnesses are usually higher than those for prosecution witnesses. In criminal court cases involving drugs, police offers are usually called upon as expert witnesses, providing evidence of the value of the drugs and the amount compatible with personal consumption. The information is based on their experience, which must be a minimum of six months. Police officers, when assessing the value of drugs, usually give the highest possible value to the smallest possible unit. Used as basis for such values is information provided by defendants in custody, informants, and sometimes “controlled buys” by undercover agents. But in some cases, officers may not accept prices quoted by defendants which are less than the accepted norm. When the police seize profits from drug trafficking, the court will immediately presume that the defendant who gets a drug trafficking offense conviction would have counted the seized drugs’ street value as profit. When a case involves cannabis cultivation, people who grow more than a few plants will probably face a charge of intent to supply, and custodial sentences are usually given to people who are growing the plants for personal consumption. Potential yields are usually determined from sample plants, which do not always represent the crop. When cannabis plants are enough to provide 1-2 days’ supply, the police usually charge the grower is charged with intent to supply.
Lessons Learned from Years with Tips
When Should a Police Officer Be Presented as an Expert Witness?
Lessons Learned from Years with Tips
Before trial begins, the party that will use a witness must determine if he or she will be identified as an expert. If the witness is about giving a lay opinion, the party only has to follow Rule 701 (Opinion Testimony by Lay Witnesses). But if the witness will be expressing opinions that are beyond what is considered common knowledge and experience, he is to be presented as an expert witness. In this case, Rule 702 applies. If a police office is determined as a lay witness yet offers opinion testimony, an objection by the other party may be warranted, since expert testimony is improperly provided as lay opinions.

ABOUT THE AUTHOR: Postlink

RELATED POSTS

A %d blogueros les gusta esto: