Who determines whether an individual can act as an expert witness? 1.the prosecutor 2.the judge & jury 3.the defense attorney 4.the bailiff

The determination of whether an individual can act as an expert witness in a court case is typically made by the judge. Judges have the responsibility to act as gatekeepers in determining the admissibility of expert testimony. Under rules such as the United States Federal Rules of Evidence (particularly Rule 702), judges evaluate whether the proposed expert is qualified by knowledge, skill, experience, training, or education to provide a scientific, technical, or other specialized opinion that will assist the trier of fact (jury or judge in a bench trial). Judges also assess whether the methodology used is scientifically valid and whether the testimony is relevant and based on reliable foundations. Therefore, among the options provided, it would be closest to (2) the judge & jury, but to be specific, it is primarily the judge’s role to make this determination.

Extra: The role of an expert witness is to provide specialized knowledge that aids the court in understanding complex evidence or determining a fact in issue. Expert witnesses can be proposed by either side in a case—the prosecution or the defense in a criminal case, or the plaintiff or defendant in a civil case. Their testimony is viewed differently than that of a fact witness (someone who testifies about what they have seen, heard, or directly experienced) because it provides an informed opinion based on expertise. While judges decide on the admissibility of the expert witness, the jury is responsible for assessing the weight and credibility of the expert's testimony during their deliberations if the case goes to trial. It is the jury's role to consider how the expert evidence fits into the overall context of the case and to what extent it should influence their verdict. The prosecutor and the defense attorney are involved in selecting and presenting expert witnesses, but they do not decide on admissibility. The bailiff’s role is mainly to maintain order and security in the courtroom and to assist the judge and court staff as needed; they do not have a role in determining expert witnesses.