Witnesses to legal appraisals

NIPPT 法的鑑定の立会人

Summary of this article

Witnesses are important in legal appraisals to ensure accurate and reliable results. This section details the role and procedures of a witness in conducting a legally valid paternity test.

The experts who can be present during a legal expert opinion (judicial opinion) depend on the type and purpose of the opinion.The following are examples of common experts

1. Forensic experts

  • Forensic scientist: identifies cause of death and assesses injuries.
  • Forensic pathologist: determines cause and time of death through autopsy.
  • Forensic toxicologist: detects and analyses poisons and drugs.

2. Forensic specialists

  • DNA experts: analyses and compares DNA samples.
  • Fingerprint expert: analyses and matches fingerprints taken from the scene.
  • Handwriting expert: determines the authenticity of a document or signature.
  • Ballistics experts: provide analysis on firearms and ballistics.
  • Forensic analysts: analyze physical evidence such as fibers, paint, glass, etc.

3. Psychiatric and psychological specialists

  • Legal psychologist: assesses the psychological state of the accused and witnesses.
  • Psychiatrist: assesses mental health and responsibility.

4. Technical and engineering specialists

  • Road accident analysis specialists: reconstruct and analyze the causes and circumstances of the accident.
  • Building and structural engineers: investigate the causes of defects and collapses in buildings and structures.
  • Digital forensics specialists: recover and analyze data from computers and digital devices.

5. Health professionals

  • Doctors: provide expert opinions on medical errors and injuries.
  • Dentists (forensic odontologists): use dental molds and dental features to verify identity.

6. Legal experts

  • Lawyers: oversee the appraisal process and provide legal advice.
  • Prosecutor: checks the adequacy of evidence collection and expert testimony.

7. Interpreters and translators

  • Interpreters: support communication between stakeholders who speak different languages.
  • Translators: provide accurate translations of documents and evidence.

8. Other experts.

  • Economic and accountancy experts: investigate financial crime and economic fraud.
  • Art connoisseurs: determine the authenticity of art and antiques.

Note: These experts play an important role in legal proceedings and trials to ensure objectivity and reliability of the expert opinion. Which specific expert will be present depends on the nature of the case and the expertise required

FAQ.

Q. Who should be the witness to confirm that the specimen was actually taken from the person?

A. The following persons are suitable as witnesses to confirm that the specimen has been correctly taken from the person

Healthcare professionals: suitable candidates are doctors, nurses and other healthcare professionals with expertise in specimen collection. They can ensure that specimens are collected according to proper procedures.

Legal representative: the presence of someone familiar with the law, e.g. a lawyer or legal representative, can ensure that specimen collection is legally appropriate.

Trusted third party: the presence of a reliable third party, agreed by both parties, ensures impartiality.

The presence of these witnesses can prove that the specimens were collected properly and prevent problems later on.

Q. Should I ask them to leave a photograph or video?

A. Leaving a photograph or video of the specimen when it is collected is very effective as evidence of identification.This ensures that the specimen was taken from the person in question, in case of later problems or doubts.Especially in the case of legal appraisals and important tests, record keeping increases the transparency and reliability of the procedure.However, it is important to obtain the consent of the person concerned in order to protect their privacy.

Q. Are private appraisals weaker in court than legal appraisals?

A. Yes, the results of private appraisals are generally considered to be less evidential in court than legal appraisals. Legal appraisals are carried out by court-appointed third parties or accredited experts and are considered reliable because they follow strict procedures. Private appraisals, on the other hand, are carried out by experts chosen by the client, which may lead to doubts in the courts about the objectivity and impartiality of the evidence. However, private expert opinions may also be adopted as strong evidence if they are properly conducted.

Supervisor of the article


Dr. Hiroshi Oka

Director of CAP Laboratory

Graduated from Keio University, Faculty of Medicine

Doctor of Medicine

Medical Doctor