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This convenient handbook is a quick and concise guide to the rules for creating persuasive expert reports and the information you’ll need to assure your expert is accepted by the judge and allowed to testify. This guide will show you: who must file an expert report; what the report should include; who writes the report; when to create drafts and whether to retain them; what portions of the preparation activities are discoverable and; when to supplement the initial report. In addition, this handbook guides you in the art of “voir dire-proofing” your expert—and how to attack the credentials of the opposing expert. All in a book designed to fit easily in a briefcase. New to the Third Edition: Combines two previous titles—Expert Report Rules and Daubert Rules—into one convenient handbook Updates the rules and law that has developed since the previous edition Charts to facilitate understanding of rules Professors and students will benefit from: The development of Rule 702 and how we got to where we are today Easily identified passages to get you where you need to be quickly Current case law to help aide in the development of argument for admission
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.
"This convenient handbook is a quick and concise guide to the rules for creating persuasive expert reports and the information you'll need to assure your expert is accepted by the judge and allowed to testify. This guide will show you: who must file an expert report; what the report should include; who writes the report; when to create drafts and whether to retain them; what portions of the preparation activities are discoverable and; when to supplement the initial report. In addition, this handbook guides you in the art of "voir dire-proofing" your expert-and how to attack the credentials of the opposing expert. All in a book designed to fit easily in a briefcase"--
Emotionally charged issues abound in matrimonial practice, especially in custody disputes. Expert testimony can have a dramatic impact on the outcome of a case, and when matters are highly sensitive or sensational the seeming objectivity of an expert can be dispositive. To effectively reinforce or question that testimony, certain specialized knowledge is essential. Scientifically accepted standards and theories are constantly evolving. Keeping up with the data had been a challenge, but one integrated resource has made it simple. Aspen Publishers’ Psychological Experts in Divorce Actions pulls all the research together into the definitive guide to understanding the role of psychological evaluations in divorce and custody actions. Focused on providing the best approach to protecting your client’s interests, this work explains all the leading testing instruments,what conclusions may be drawn and how to challenge or support those conclusions. In addition to offering effective examination and cross-examination strategies, it assists you in handling the gamut of psychological factors that affect clients in divorce and custody cases. Authors Marc J. Ackerman, Ph.D ., and Andrew W. Kane, Ph.D ., are licensed psychologists who have been involved in hundreds of custody cases. Drawing on their extensive experience—testing parties to a divorce and treating psychological patients in the clinic—and as psychological experts in the courtroom, they identify the most important psychological evaluation research used in divorce and custody decision-making and distill the information into clear terms lawyers can readily apply.They also examine vital issues including: Ethics —confidentiality, privilege, duty to warn or protect (Tarasoff), sharing raw data, test integrity Sexual abuse —bona fide or fabricated allegations, psychological effects of sexual abuse, profiles of abuser and abused Testing —personality tests (including MMPI-2, And The new MMPI-2-RF, Rorschach,Millon,TAT); intelligence tests (Wechsler scales,Kaufman scales, Stanford Binet); custody tests (ASPECT, PCRI, PASS, BPS); and many more How divorce affects families —custody, placement, age and gender differences, grandparents, sexual preference, psychological problems
Forensic Audiology: A Guide for the Expert Witness is a unique book written for audiologists who are interested in broadening their practice to include acting as an expert witness in legal cases. While audiologists may feel that their training, experience, and specialization prepares them to become an expert witness, it is critical to have an understanding of the special processes, customs, etiquette, and tactics involved in the legal profession, and how to develop a forensic audiology practice. The authors draw on their many years of experience and begin with an overview of the legal systems and the U.S. court system. The book also includes: * the rules of expert testimony * the structure of criminal and civil cases * the phases of discovery, deposition, and trial * the roles, responsibilities, and ethics involved in forensic audiology
This project addressed the admissibility of expert evidence in criminal proceedings in England and Wales. Currently, too much expert opinion evidence is admitted without adequate scrutiny because no clear test is being applied to determine whether the evidence is sufficiently reliable to be admitted. Juries may therefore be reaching conclusions on the basis of unreliable evidence, as confirmed by a number of miscarriages of justice in recent years. Following consultation on a discussion paper (LCCP 190, 2009, ISDBN 9780118404655) the Commission recommends that there should be a new reliability-based admissibility test for expert evidence in criminal proceedings. The test would not need to be applied routinely or unnecessarily, but it would be applied in appropriate cases and it would result in the exclusion of unreliable expert opinion evidence. Under the test, expert opinion evidence would not be admitted unless it was adjudged to be sufficiently reliable to go before a jury. The draft Criminal Evidence (Experts) Bill published with the report (as Appendix A) sets out the admissibility test and also provides the guidance judges would need when applying the test, setting out the key reasons why an expert's opinion evidence might be unreliable. The Bill also codifies (with slight modifications) the uncontroversial aspects of the present law, so that all the admissibility requirements for expert evidence would be set out in a single Act of Parliament and carry equal authority.
Paul Zwier and David Malone examine the rules of evidence and ethics that govern the relationship of experts to lawyers, experts to juries, and experts to courts, all in a manner that resolves these issues.
"'Environment in the Courtroom' provides extensive insight into Canadian environmental law. Covering key environmental concepts and the unique nature of environmental damage, environmental prosecutions, sentencing and environmental offences, evidentiary issues in environmental processes and hearings, issues associated with site inspections, investigations, and enforcement, and more, this collection has the potential to make a significant difference at the level of understanding and practice. Containing perspective and insight from experienced and prominent Canadian legal practitioners and scholars, Environment in the Courtroom addresses the Canadian provinces and territories and provides context by comparison to the United States and Australia"--Provided by the publisher.
Since the 1960s, testimony by representatives of the Federal Bureau of Investigation in thousands of criminal cases has relied on evidence from Compositional Analysis of Bullet Lead (CABL), a forensic technique that compares the elemental composition of bullets found at a crime scene to the elemental composition of bullets found in a suspect's possession. Different from ballistics techniques that compare striations on the barrel of a gun to those on a recovered bullet, CABL is used when no gun is recovered or when bullets are too small or mangled to observe striations. Forensic Analysis: Weighing Bullet Lead Evidence assesses the scientific validity of CABL, finding that the FBI should use a different statistical analysis for the technique and that, given variations in bullet manufacturing processes, expert witnesses should make clear the very limited conclusions that CABL results can support. The report also recommends that the FBI take additional measures to ensure the validity of CABL results, which include improving documentation, publishing details, and improving on training and oversight.