Three Cs in Expert Witnesses

By: James F. Pastor, PhD, JD
President of SecureLaw Ltd. and Associate Professor in Public Safety at Calumet College of St. Joseph

While the jury normally makes factual determinations in court cases, an expert witness is allowed the opportunity to provide opinion testimony to help the jury reach a proper decision. In choosing an expert to assess your police or security methodology, whether prior to or after an incident occurs, it is critically important that you select an individual based on three factors: Character, Credentials, and Credibility.

Character relates to the moral and ethical values of the expert witness. Since the witness has a relatively unique role within the legal system to provide opinion testimony or expert advice, the selection of a consultant who lacks character can be detrimental or even fatal to your case. Simply stated, the expert must base his/her opinion on solid professional or scientific grounds and have the character to consistently maintain this standard. There is no alternative or short cut around this requirement.

Credentials relate to the professional, academic, and experiential background of the expert witness. It is critical that the witness have substantial expertise in the police and security industries; possess professional licenses, contacts, and certifications; hold advanced academic degrees, and have a substantial body of teaching curriculum and professional publications. These credentials enable the witness to apply specific theories to the particular facts of case. The application of theories and facts, with an appropriate level of critical analysis, is the function of expert witnesses.

Credibility relates to the combination of character, credentials, and personal acumen. The key to credibility is to be believable and likeable. In this sense, jurors believe people who demonstrate that they possess the character and credentials to both tell the truth, and demonstrate they know what they are talking about. In essence, the person is believable because he/she has both the character to tell the truth, and expertise in the particular subject. Once these qualities are shown, the jury will tend to trust that the expert witness is both telling the truth and knows what he/she is talking about. However, the witness must also be personally likeable. Arrogance, inability to communicate, and/or talking down to jurors may serve to cloud the message. Consequently, if the jury does not hear the message because they are distracted or offended by the personality or attitude of the witness, then the litigation support derived from the testimony is diminished or even negated.

Our consultants will demonstrate that they possess these personal and professional standards or qualities. Further, our consultants also possess an intimate understanding of the public safety culture, and think with an intuitive "sense" about public safety and security matters. Consequently, when you desire professional and articulate litigation support, feel free to contact us to discuss your case or your circumstances.

 

SecureLaw, Ltd., 65 West Jackson Blvd., Chicago, IL 60604  Phone: (312) 423-6700  Fax: (312) 692-2322  © James F. Pastor 2007