Friday, November 23, 2012

Importance of Expert Witness Testimony in an Arson Case


What is an Arson Investigation Expert Witness?

Expert witness testimony is very important in an arson case. It is the basis of all other evidence in a trial. A lot of fire and arson investigators begin as firefighters or police officers. A fire investigator aims to be qualified as an expert witness, meaning s/he is an authority in the case because s/he was able to gather enough knowledge and evidence to testify at trial. These experts should have a strong knowledge which extends beyond the dynamic of fires. They must also be well-informed about its construction, engineering.

Importance of an Arson Case Specialist

As a specialist, the investigator is capable of influencing an arson trial by her/his testimony better than any other witness. Effectively presenting expert testimony entails careful preparation. An authority in arson investigation must have more than technical skill and experience in this line of work. S/he must be able to uncover a fire's cause and origin, if any criminal activity was involved, and what evidence is present at the scene. The true measure of an expert witness is being able to present convincing evidence at trial. More than just exposing the cause and origin of the fire, expert testimony must direct the jurors' attention to critical evidence and develop the theory of the case. It should be properly presented so that it establishes credibility of the case.

The rules of evidence include a definition of an expert witness. As an authority, the witness must be qualified in terms of knowledge, skill, experience, training or education. Also, the testimony of this specialist must include subject which is beyond the scope of understanding of ordinary people such as members of the jury.

"Expert witness" is a term which may sometimes be misconstrued. To be qualified as a specialist by court does not mean the witness is an infallible authority in the field. Special knowledge or understanding in the field is what the witness should possess. As a matter of fact, actual experience in fire and / or arson investigation is more important than formal education.

Before qualifying as an arson case expert specialist, a fire and arson investigator must go through an intimidating qualification process. S/he will face questioning about her/his educational background, employment history, training, experience, and almost every bit of his background as an investigator. Most investigators who go through this would wish s/he had a higher rank, better education and more experience and for a first-timer, this can truly be a humbling experience.




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