The expert witness: challenges experienced in court proceedings

April S. Capuyan | Shiela Mae P. Escobido | Mariejun D. Gambong | Grace P. Lachica | Joralyn P. Sagpaey | Maysha S. Tabareng
School of Criminal Justice and Public Safety

ABSTRACT

Expert witnesses are persons summoned by the court to testify on the result of their examination or examinations. They possess the knowledge beyond an ordinary witness and must satisfy some requirements to be considered competent. As expert witnesses, many things must be considered, as they may face problems while they perform their job, especially inside the courtroom. This study discusses the challenges experienced by an expert witness in court proceedings. The researchers utilized the qualitative descriptive analysis to determine an in-depth insight into the problem and generate new ideas for future research. From August to November of 2021, this study was conducted with three (3) participants. The responses generated from the interviews were analyzed, interpreted, and were given themes based on their patterns. It revealed that the expert witnesses assist the Judge during court hearings by establishing their field of expertise, communicating the result of their examination, and testifying under oath. Despite their way of helping the Judge during court proceedings, problems and challenges they face are as enumerated: a) The defense lawyer’s manner of questioning; b) Time management; c) Nervousness; d) Rescheduling of court hearings; e) Communication barriers, and f) Expert witness being viewed as “hired guns.” With the findings, the researchers ascertain that every expert witness is facing or as faced problems during court hearings, no matter what field of specialization they are in and how long they have been working in their specialized fields.

Keywords: Expert witness, Expert Testimony, Challenges, Court Proceedings, Baguio City