How to Keep The State’s Expert Witnesses Out of Trial in Minnesota
In recent years, the Minnesota has increasingly relied on expert witnesses to bolster their cases, particularly when it comes to topics like victim behavior, such as the behavior of children, delayed reporting, battered women's syndrome and more. We frequently see this is criminal sexual conduct cases, date rape cases, domestic assault cases and other violent criminal cases. While the State’s offering of expert testimony can provide some insight, there are circumstances where it should be excluded. This article explores some of the reasons why prosecutors in Minnesota should not be allowed to offer witnesses at trial without meeting certain prerequisites. If you are facing serious criminal charges in Minnesota, make sure to consult with an experienced criminal defense attorney. Even better, make sure that they are a Board Certified Criminal Law Specialist.
“Juries will sometimes buy expert opinions just because they have lots of letters behind their names. However, sometimes they are simply bought and paid for.”
Reasons to Exclude State’s Witnesses
If the State doesn’t tell you who they are and their expertise: Transparency is crucial in ensuring a fair trial. The government must disclose the qualifications of expert witnesses, as well as the findings, opinions, and basis for those opinions that they intend to present. Failure to do so deprives the defense of the opportunity to adequately assess the expert's credibility, potentially undermining the fairness of the proceedings.
The the “Expert” is simply not qualified: Experts must possess the necessary expertise to offer testimony in their respective fields. If an expert does not have the qualifications or experience in a specific subject matter, their testimony may lack the necessary reliability to contribute significantly to the case. It is essential for the defense to challenge the qualifications of the expert if they are not, in fact, qualified to provide expert testimony on the subject matter. Don’t let them stretch into an area where they lack the expertise.
The “expert” is simply not helpful to the jury in determining what happened and why the evidence matters: Expert testimony should assist the jury in understanding complex issues or interpreting evidence. If the proffered evidence or testimony does not meaningfully contribute to determining any facts at issue, it may be considered unnecessary and even serve to confuse or mislead the jury.
There is no scientific basis for the “Expert’s” conclusions: For expert testimony to hold weight, it must be based on reliable methodologies and established scientific principles. In cases where the foundational reliability of the expert's testimony is questionable, such as issues with their methodology or unsupported scientific principles, it may be inappropriate to admit such evidence.
The testimony will be more confusing and unfair than helpful to the jury: The admissibility of evidence depends on a balance between its probative value and potential prejudice. If the proffered evidence or testimony is substantially more prejudicial than probative, it risks influencing the jury in an unfair manner. Ensuring a fair trial requires that evidence be admitted only if its importance outweighs its potential prejudicial effect.
“Some things are not in the province of the “expert”. This is for the jury to decide and the expert will simply confuse matters.”
While expert witnesses play an important role in legal proceedings, their use by the State must be subject to certain standards. Failing to disclose qualifications, lacking subject matter expertise, an inability to establish independent history, lack of assistance to the jury, foundational unreliability, and substantial prejudicial effect are valid grounds for excluding expert testimony. Upholding the principles of fairness and an unbiased trial requires a critical evaluation of the government's use of expert witnesses. Under any of these circumstances and more, an experienced defense attorney should fight to keep that expert of the stand and away from the jury.
If you are facing serious criminal charges in Minnesota, including criminal sexual conduct charges, date rape, child molestation, domestic assault or other violent crimes, make sure you sit down with an experienced Minnesota criminal defense attorney. Contact Jack Rice Defense for a free confidential consultation or call 651-447-7650 or 612-227-1339. When your life’s on the line, make sure Jack Rice Defense is by your side.
Jack is a nationally recognized and award winning criminal defense lawyer, awarded Minnesota Super Lawyer for 2023, Among the Best Lawyers of 2022, winner of the Minnesota Attorney of the Year Award for 2021 and founder of Jack Rice Defense. He was awarded the Professional Excellence Award from the MSBA for 2020, and is an MSBA Board Certified Criminal Law Specialist. He is also a former Prosecutor and a former U.S. Central Intelligence Agency Officer. This St. Paul Criminal Defense Lawyer has decades of experience successfully representing thousands of clients facing everything from Sex Crimes, Child Pornography, Domestic Assault to DWI to Murder to other serious criminal charges.