Citation

Muhamad, Mohd Munzil (2019) New Developments Internationally to Minimise the risk of biased Expert Evidence in Criminal Trials: Their Practicality and Suitability in Malaysia. Legal Network Series, 1. pp. 1-8.

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Abstract

One of the unique features in the adversarial system is that both parties in a proceeding can call any witnesses that they wish provided the witnesses can offer evidence which is relevant to the case. Expert evidence is an example of relevant evidence recognised under s 45 of the Evidence Act 1950. Nowadays, expert evidence is routinely used in criminal trials by the prosecution to prove the case against an accused person. This is as a result of the development in forensic science evidence which can now offer convincing and reliable evidence to support or corroborate the case for the prosecution. Despite its significance, the use of expert witnesses in criminal trials is not without issue. It has been long established that expert witnesses have the tendency to be biased towards the party that calls them. Although they are supposed to be objective when providing their opinion to courts, in reality, they are susceptible to becoming partisan.[1] The danger of having biased experts is more prevalent in cases where expert evidence is the most compelling and incriminating evidence against the accused. Many cases of wrongful convictions have been reported across jurisdictions as a result of testimonies given by biased experts. [2] Drawing from the above background, this brief article first introduces new developments in other jurisdictions where several methods have been proposed, not only to ensure better assessment can be made by the courts when deciding on the admissibility and reliability of expert evidence , but also to minimise the risk of bias and partiality in expert evidence. This article then analyses whether these new proposed methods are practical and suitable to be implemented within the Malaysian context.

Item Type:	Article
Uncontrolled Keywords:	witnesses
Subjects:	K Law > K Law (General)
Divisions:	Faculty of Law (FOL)
Depositing User:	Ms Suzilawati Abu Samah
Date Deposited:	10 May 2022 01:41
Last Modified:	10 May 2022 01:41
URII:	http://shdl.mmu.edu.my/id/eprint/9418

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