Expert witnesses a dilemma for judges

NEW YORK, Aug. 13 (UPI) -- Some legal scholars say the United States should introduce an Australian procedure for expert witnesses, nicknamed "hot tubbing."

Australia, like the United States, has partisan experts hired by the two sides in civil cases and prosecution and defense in criminal ones. But the experts on the same topic testify together and can question each other as well as answering questions put to them by judges and lawyers, The New York Times reports.

In the United States, experts tend to cancel each other out, or jurors may choose to believe the one with the better demeanor or the more impressive credentials. In most countries, experts are brought in by judges.

Judge Denver Dillard in Iowa had dueling experts in 2005 when he had to decide if a person accused of transporting illegal drugs had the mental capacity to stand trial. The defense expert said Timothy Wilkins had an IQ of 58, the prosecution one put it 30 points higher.

Dillard said the two "canceled each other out" and gave Wilkins the benefit of the doubt. An appellate court agreed on the experts but decided a tie should go to the prosecution, although the charges were later thrown out for other reasons.