by D.H. Garrison, Jr.
Just because a shot was fired, and just because someone was injured or died as a result of the shooting, and just because a shooting reconstruction was completed…this does not mean that the expert can render an opinion about the intent behind the bullet thus fired.
While many an attorney, whether prosecution or defense, wants to “prove” the intent or lack thereof to a jury, and sometimes tries to use a expert witness to accomplish that end, this does not mean that the shooting reconstruction expert has any scientific basis whatsoever to state an opinion as to what was or was not the intention of the shooter at the moment of the shooting. Intent, after all, is usually an “ultimate issue” and, thus, the purview of the jury, the finders of fact, and cannot properly be addressed by the expert. Continue reading