Expert witnesses in court and their power – an essay

In criminal proceedings, it often depends on experts to decide where the accused will go. Sometimes their power is too great

The Lübeck Regional Court recently had to deal with a unique case. An ex-public prosecutor was in the dock for the serious sexual abuse of his eight-year-old son. The 53-year-old lawyer did not deny the crime. However, he claimed that he could not remember anything. He committed the crime in his sleep.

It took a long time for the man to come to court. The Kiel public prosecutor’s office had previously dropped the case. Among other things, it had relied on a statement for the family court, which certified that the father had “sexsomnia.” This disorder causes those affected to initiate sex in their sleep without realizing it. And anyone who was unconscious when committing the crime cannot be prosecuted for it.

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