ABSTRACT
In the American movie classic My Cousin Vinny, two New Yorkers are charged with murder in a small southern town. The only thing standing between the accused murderers and death row is their less-than-perfect attorney. Just when the trial could not be going any worse, the defendants’ attorney (played by Joe Pesci) calls his ˆancée to the witness stand to testify as an “expert” in the ˆeld of automobiles. When her qualiˆcations come into question, the would-be expert establishes her ability by rattling off obscure facts that could only be known by a true car expert. Her surprise testimony proves that the defendants did not commit the crime, and the innocent men are set free. Thanks to the expert, our justice system worked again! Although this movie scene takes the usual Hollywood liberties in stretching reality,
there are some very important truths to take away. First and foremost, experts play a crucial, and oftentimes outcome-determinative, role in our legal system. Lawyers, judges, and juries rely on experts to apply their specialized knowledge to the facts of a case and explain how or why an event happened. Another important point to remember is that experts come in many different shapes and sizes. Experts can have varying levels of education and occupational histories. Regardless of how an expert witness came to serve as an expert in a particular case, the only imperative is that he or she is an expert on the subject. This chapter has been included because forensic engineers are frequently called on to
serve as experts in litigation. This chapter is not meant to serve as “Law 101.” Many books, including several referenced here,1-5 cover the topic better. The purpose of this chapter is to give a basic understanding of an expert witness’s role in the civil litigation process. Tips gained as part of these experiences are also imparted at the end of this chapter.
