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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.
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
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 anthropologists are confronted with ethical issues as part of their education, research, teaching, professional development, and casework. Despite the many ethical challenges that may impact forensic anthropologists, discourse and training in ethics are limited. The goal for Ethics and Professionalism in Forensic Anthropology is to outline the current state of ethics within the field and to start a discussion about the ethics, professionalism, and legal concerns associated with the practice of forensic anthropology.This volume addresses: - The need for professional ethics - Current ethical guidelines applicable to forensic anthropologists and their means of enforcement - Different approaches to professionalism within the context of forensic anthropology, including issues of scientific integrity, qualifications, accreditation and quality assurance - The use of human subjects and human remains in forensic anthropology research - Ethical and legal issues surrounding forensic anthropological casework, including: analytical notes, case reports, peer review, incidental findings, and testimony - Harassment and discrimination in science, anthropology, and forensic anthropology
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.
While one would hope that forensic scientists, investigators, and experts are intrinsically ethical by nature, the reality is that these individuals have morality as varied as the general population. These professionals confront ethical dilemmas every day, some with clear-cut protocols and others that frequently have no definitive answers. Since the publication of the first edition of Ethics and the Practice of Forensic Science, the field of forensic science has continued to see its share of controversy. This runs the gamut of news stories from investigators, lab personnel, or even lab directors falsifying results, committing perjury, admitting to fraud, to overturned convictions, questions about bias, ethics, and what constitutes an "expert" on the witness stand. This fully updated edition tackles all these issues—including some specific instances and cases of unethical behavior—and addresses such salient issues as accreditation requirements, standardization of ethical codes, examiner certification, and standards for education and training. The new edition provides: A new chapter on the "Ferguson Effect" faced by the criminal justice system The context of forensic science ethics in relation to general scientific ethics, measurement uncertainty, and ethics in criminal justice Ethical conundrums and real-world examples that forensic scientists confront every day The ethics and conduct codes of 20 different forensic and scientific professional organizations An outline of the National Academies of Science (NAS) recommendations and progress made on ethics in forensic science since the release of the NAS report Ethics and the Practice of Forensic Science, Second Edition explores the range of ethical issues facing those who work in the forensic sciences—highlights the complicated nature of ethics and decision-making at the crime scene, in the lab, and in the courts. The book serves both as an essential resource for laboratories to train their employees and as an invaluable textbook for the growing number of courses on ethics in criminal justice and forensic science curricula. Accompanying PowerPoint® slides and an Instructor’s Manual with Test Bank are available to professors upon qualifying course adoption.
This practical guide helps forensic psychologists negotiate the many ethical dilemmas they can encounter in civil, criminal, and family law cases. It presents a practical, systematic decision-making model that has been thoroughly revised since the first edition based on new scholarly knowledge and updated ethical and legal requirements. The authors answer complex ethical questions related to third-party requests, collecting and reviewing data, conducting forensic evaluations, reporting results, and addressing ethical misconduct by colleagues.
Developing a forensic practice can be confusing and intimidating. Dr. William Reid, a highly experienced forensic psychiatrist, has written a practical, straightforward guide for clinicians interested in doing it right and increasing their opportunities for a successful transition to forensic work. This book, which will be of interest to many attorneys as well, provides straightforward details, along with many case examples, of lawyer-expert communications and relationships, case assessment, record review, evaluations, reports, deposition and trial testimony, fees and billing, office operations, marketing, liability, and professional ethics. A bonus chapter by a successful malpractice attorney gives a unique and valuable "lawyer’s perspective" on the content and mental health experts in general. The huge appendix provides over 40 highly useful examples of common office forms, letters, reports, and affidavits. Any mental health professional who currently practices, or wants to practice, at the interface of mental health and the law will find this an indispensible practice resource.
The global nature of crime often requires expert witnesses to work and present their conclusions in courts outside their home jurisdiction with the corresponding need for them to have an understanding of the different structures and systems operating in other jurisdictions. This book will be a resource for UK professionals, as well as those from overseas testifying internationally, as to the workings of all UK jurisdictions. It also will help researchers and students to better understand the UK legal system.
Scores of talented and dedicated people serve the forensic science community, performing vitally important work. However, they are often constrained by lack of adequate resources, sound policies, and national support. It is clear that change and advancements, both systematic and scientific, are needed in a number of forensic science disciplines to ensure the reliability of work, establish enforceable standards, and promote best practices with consistent application. Strengthening Forensic Science in the United States: A Path Forward provides a detailed plan for addressing these needs and suggests the creation of a new government entity, the National Institute of Forensic Science, to establish and enforce standards within the forensic science community. The benefits of improving and regulating the forensic science disciplines are clear: assisting law enforcement officials, enhancing homeland security, and reducing the risk of wrongful conviction and exoneration. Strengthening Forensic Science in the United States gives a full account of what is needed to advance the forensic science disciplines, including upgrading of systems and organizational structures, better training, widespread adoption of uniform and enforceable best practices, and mandatory certification and accreditation programs. While this book provides an essential call-to-action for congress and policy makers, it also serves as a vital tool for law enforcement agencies, criminal prosecutors and attorneys, and forensic science educators.