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The Ethics of Expert Evidence by Emma Cunliffe Pdf
What are the key components of a legal and institutional culture that encourages the production and use of ethical expert testimony? What is the proper balance between individual and systemic responsibility for securing ethical practice? The papers collected in this volume shed light on possible answers to these questions. Many of them also grapple with the question of whether it is possible to offer a complete answer within the constraints of existing legal systems. Collectively, these papers offer a sense of the variety and quality of work in this field.
Forensic Ethics and the Expert Witness by Philip J. Candilis,Robert Weinstock,Richard Martinez Pdf
This book details possible ethical situations and pitfalls that forensic psychiatric experts would commonly encounter when making a court testimony. Richly illustrated with cases from medicine, psychiatry, and law, this elegantly written volume examines the common moral ground that links these usually separate domains, and relates forensic ethics to larger concepts of morality and justice.
Expert Testimony by Steven Lubet,Elizabeth I. Boals Pdf
Order two copies of this book: one for yourself and one for your expert witness. It will give experts the confidence they need to be comfortable in court, and give you the skills necessary to emphasize the credibility of your experts. You can avoid pitfalls such as unintentional signals, inappropriate demeanor and appearance, and awkward body language by using Expert Testimony: A Guide for Expert Witnesses and the Lawyers Who Examine Them as your guide. In this newly revised Fourth Edition, Elizabeth Boals and Steve Lubet provide counsel on the development and presentation of expert testimony in the digital age, including discussion of visual aids and electronic discovery; analyze the Federal Rules of Evidence and Federal Rules of Civil Procedure; discuss the ethical rules governing expert retention and testimony; give examples of expert witness examinations and detailed discussion of techniques for coping with lawyer questioning; and provide checklists for quick reference. The collaborative effort of Professors Lubet and Boals has resulted in a new edition worthwhile to both the expert witnesses and the lawyers who examine them.
Ethical Standards in Forensic Science by Harold Franck,Darren Franck Pdf
Ethical Standards in Forensic Science seeks to address the myriad practices in forensic science for a variety of evidence and analyses. The book looks at ethics, bias, what constitutes an expert in the field—both as a practitioner and to the court system—as well as the standards of practice as purported by the top forensic organizations. Coverage addresses evidence collection, chain of custody, real versus "junk" science, the damage questionable science can cause to a discipline and the judicial process, testing methods, report writing, and expert witness testimony in civil and criminal cases in a court of law. The authors’ background in engineering provides a unique perspective on a variety of evidence and testing methods. As such, in addition to coverage the range of evidence and topics cited in the 2009 National Academy of Sciences (NAS) Report, they address numerous challenges that have arisen specifically in forensic engineering cases—their specific area of expertise. Numerous case example are provided to illustrate the inherent danger of bias, inexact science, or expert witnesses taking dangerous and harmful liberties on the stand. Students, lawyers, and professionals in all forensic disciplines will find this a refreshing and accessible approach to elucidate the problem and offer suggestions for reform and change for the good of the entire profession.
Forensic Testimony: Science, Law and Expert Evidence—favored with an Honorable Mention in Law & Legal Studies at the Association of American Publishers' 2015 PROSE Awards—provides a clear and intuitive discussion of the legal presentation of expert testimony. The book delves into the effects, processes, and battles that occur in the presentation of opinion and scientific evidence by court-accepted forensic experts. It provides a timely review of the United States Federal Rules of Evidence (FRE) regarding expert testimony, and includes a multi-disciplinary look at the strengths and weaknesses in forensic science courtroom testimony. The statutes and the effects of judicial uses (or non-use) of the FRE, Daubert, Kumho, and the 2009 NAS Report on Forensic Science are also included. The presentation expands to study case law, legal opinions, and studies on the reliability and pitfalls of forensic expertise in the US court system. This book is an essential reference for anyone preparing to give expert testimony of forensic evidence. Honorable Mention in the 2015 PROSE Awards in Law & Legal Studies from the Association of American Publishers A multi-disciplinary forensic reference examining the strengths and weaknesses of forensic science in courtroom testimony Focuses on forensic testimony and judicial decisions in light of the Federal Rules of Evidence, case interpretations, and the NAS report findings Case studies, some from the Innocence Project, assist the reader in distinguishing good testimony from bad
Expert Evidence and International Criminal Justice by Artur Appazov Pdf
The book is a comprehensive narration of the use of expertise in international criminal trials offering reflection on standards concerning the quality and presentation of expert evidence. It analyzes and critiques the rules governing expert evidence in international criminal trials and the strategies employed by counsel and courts relying upon expert evidence and challenges that courts face determining its reliability. In particular, the author considers how the procedural and evidentiary architecture of international criminal courts and tribunals influences the courts’ ability to meaningfully incorporate expert evidence into the rational fact-finding process. The book provides analysis of the unique properties of expert evidence as compared with other forms of evidence and the challenges that these properties present for fact-finding in international criminal trials. It draws conclusions about the extent to which particularized evidentiary rules for expert evidence in international criminal trials is wanting. Based on comparative analyses of relevant national practices, the book proposes procedural improvements to address some of the challenges associated with the use of expertise in international criminal trials.
ETHICS IN FORENSIC SCIENCE AND MEDICINE by Melvin A. Shiffman Pdf
This book provides an invaluable source of information for physicians and forensic scientists who are involved as expert witnesses in civil and criminal litigation. Manipulative and opportunistic lawyers can lead an unsuspecting scientific expert into a potentially dangerous situation that could result in personal embarrassment, professional organizational disciplinary action, or even formal legal charges. Areas of ethical behavior are identified for the forensic witness concerning their relationships with attorneys, other experts, and litigants. Specific topics include: (1) selection, regulation, and duties of the forensic expert; (2) litigation and legal matters, unethical conduct, fees, advertising, and publicity; (3) oral testimony, the expert-client relationship, confidentiality, contractural arrangements, scientific and demonstrative evidence; (4) practical issues for attorney preparation and the qualities and attitudes of medical experts. In addition, forensic aspects of alcoholism and drug abuse plus the use and abuse of forensic sciences are discussed, with an entire chapter devoted to the O. J. Simpson case. Finally, the book thoroughly emphasizes the importance of the Ethical Medicolegal Report and the Code of Professional and Ethical Conduct.
The Ethics of Expert Witnessing by Bruce D. Sales,Leonore Simon Pdf
Scientific information is often of substantial importance to the courts in the resolution of disputes. Scientific evidence can be used to assist the decision maker to decide the ultimate issue in the case, even though the science is not itself the ultimate issue. Because many courtroom observers think that experts who purport to present scientific information have special powers of persuasion, they fear that experts often shape the ultimate decision in the case, even when their testimony addresses only mediate issues. And indeed, in many civil cases, the key to reaching the jury is the presentation of expert testimony on such issues. This special edition focuses on the use of psychologists and other mental health professionals as expert witnesses to provide important insights on the ethics surrounding their testimony.
Successful Expert Testimony by Max M. Houck,Christine Funk,Harold Feder Pdf
A major revision of the landmark book on expert testimony Feder’s Succeeding as an Expert Witness, Successful Expert Testimony, Fifth Edition highlights the book’s value to both attorneys and expert witnesses in promoting effective, impactful courtroom testimony. The book outlines the role of expert testimony in a trial, including explanations of methods, testing, and science, the legal process, and an overview of the roles of each player. Succeeding as an expert witness requires a basic understanding of who and what experts are and what role they play in rendering their opinions within the courts. The new edition has been fully updated to present key information on the most vital topics, including the deposition, a discussion of false or unsupported testimony, adherence to scientific principles, and direct and cross-examination testimony of expert witnesses. Each chapter includes key terms, review questions, and thought-provoking discussion questions for further consideration of the topics addressed. Given many high profile cases and increasing incidents of misconduct, this edition focuses heavily on the role of ethics in expert testimony and forensic practice. The full revised chapter on ethics, covers unethical conduct of forensic witnesses, admissibility of expert testimony, inter-professional relations, abuse of and by experts, and forensic professional codes of ethics. Offering useful career insights and established trial-tested tips, forensic scientist Max M. Houck and attorney Christine Funk update renowned lawyer Harold A. Feder’s classic book. Successful Expert Testimony, Fifth Edition serves as an ideal reference for forensic science students entering the work force—in labs and investigative positions—in addition to serving as a crucial resource for more experienced civil, private, and testifying experts in all disciplines.
Expert Evidence: Law, Practice, Procedure and Advocacy is the acclaimed work of first resort for analysing the complex law and practice surrounding expert witnesses and expert evidence in personal injury, commercial, criminal and family law litigation. It has been cited by superior courts in every jurisdiction in Australia and New Zealand, as well as in a number of other countries. As well as setting out and interpreting the complex common law and statutory criteria for expert evidence admissibility, the book also provides guidance in relation to how most effectively expert witnesses can provide their opinions and how they can be made accountable for their views. It scrutinises disciplinary, costs and civil law repercussions for substandard expert evidence and analyses the forensic application of codes of ethics for experts that have been promulgated in all jurisdictions.
Author : Cecil C. Kuhne (III) Publisher : American Bar Association Page : 244 pages File Size : 54,8 Mb Release : 2006 Category : Law ISBN : 1590317289
A Litigator's Guide to Expert Witnesses by Cecil C. Kuhne (III) Pdf
The admission of expert witness testimony remains one of the most contentious, critical, and interesting aspects of modern-day litigation process. This book examines the role of the expert witness, focusing on taking depositions, expert qualifications, admissibility of testimony, attorney-client privilege, Daubert, rules of discovery and evidence, selecting and presenting experts, and direct examination of experts.
Expert Psychological Testimony for the Courts by Mark Costanzo,Daniel Krauss,Kathy Pezdek Pdf
During the past two decades, the frequency and range of expert testimony by psychologists have increased dramatically. Courts now routinely hear expert testimony from clinical, cognitive, developmental, and social psychologists. Expert Psychological Testimony for the Courts provides a comprehensive, research-based analysis of the content, ethics, and impact of expert testimony. This book features leading scholars who have contributed to the scientific foundation for expert testimony and who have also served as expert witnesses. The opening chapter explores issues surrounding the admissibility of expert testimony, and the closing chapter explores the ethics and limits of psychological testimony. Each of the intervening chapters focuses on a different area of expert testimony: forensic identification, police interrogations and false confessions, eyewitness identification, sexual harassment, mitigation in capital cases, the insanity defense, battered women, future dangerousness, and child custody. These chapters describe the typical content of expert testimony in a particular area, evaluate the scientific foundation for testimony, examine how jurors respond to expert testimony, and suggest ways in which legal standards or procedures might be modified in light of psychological research. This groundbreaking book should be on the shelf of every social scientist interested in the legal system and every trial attorney who is likely to retain a psychologist as an expert witness. It can also serve as a text for advanced courses in psychology, legal studies, criminal justice, law, and sociology.
"This concise, well-organized book covers witness credibility, preparation, direct & cross-examination, depositions, discovery, & ethics. Lubet's chapters on cross-examination & deposition testimony are especially helpful in preparing an expert to withstand an assault by the other side's lawyer. . . . Although aimed primarily at experts, Lubet's book is also an excellent resource for the lawyers who hire them. Even veteran litigators may pick up practical pointers on handling expert witnesses who want to know more than what a retaining lawyer has told them. Lubet, who also wrote a trial practice handbook for the National Institute for Trial Advocacy, is a master at leading one through complex materials, which is helpful for novice trial lawyers facing their first trials . . . . He provides clear information about testifying, & he bolsters the information with good examples. The chapters on direct & cross-examinations are good for both lawyers & experts. Lawyers should read this book for a primer an direct & crossBy analyzing & demystifying every aspect of expert testimony, Lubet has created a work that is indispensable to accountants, physicians, psychologists, forensic scientists, engineers, attorneys, & those who are retained as or engage the services of expert witnesses.
National Research Council,Policy and Global Affairs,Science, Technology, and Law Panel
Author : National Research Council,Policy and Global Affairs,Science, Technology, and Law Panel Publisher : National Academies Press Page : 81 pages File Size : 54,7 Mb Release : 2002-03-13 Category : Law ISBN : 9780309083102
The Age of Expert Testimony by National Research Council,Policy and Global Affairs,Science, Technology, and Law Panel Pdf
The federal courts are seeking ways to increase the ability of judges to deal with difficult issues of scientific expert testimony. The workshop explored the new environment judges, plaintiffs, defendants, and experts face in light of "Daubert" and "Kumho," when presenting and evaluating scientific, engineering, and medical evidence.
