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• Solid research basis, drawing on findings from a 4-year research project with in-depth interviews with judges, attorneys, and seasoned forensic neuropsychologists and psychologists as well as further interviews with professionals in other fields such as engineering, physics and economics. • Provides focused attention on how experts interact with judges, attorneys, and juries • Challenges experts to avoid the traps of professional jargon and traditional manners of presenting information/knowledge/opinions. • Provides a step-by-step approach to orienting the new academic to expert witnessing
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
This book covers virtually every type of witness and witness situation that a lawyer is likely to encounter.
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.
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
This comprehensive text gives your students a sound methodology for trial preparation and reviews the thought processes a trial lawyer should utilize before and during each phase of a trial. Focusing primarily on jury trial, the authors cover the full range of topics from Jury Selection and Opening Statements to Objections and Trial Preparation and Strategy."--pub. desc.
Since 1955 when Dr. Paul Kirk first presented a bloodstain evidence affidavit in State of Ohio v. Samuel Sheppard, expert testimony on bloodstain interpretation has gained wide acceptance in U.S. courts. Scientific and Legal Applications of Bloodstain Pattern Interpretation brings together some of the most respected and noted experts in forensic science, the law, and bloodstain interpretation to provide a comprehensive overview of the discipline. It discusses research, applications, and the current view of bloodstain pattern interpretation within the legal system at the trial and appellate court levels, as well as scientific approaches and developments in the field. Scientific and Legal Applications of Bloodstain Pattern Interpretation will help attorneys who are questioning and cross-examining expert witnesses have a good working knowledge of bloodstain interpretation. Included is a full-color atlas of bloodstains, in conjunction with a glossary of terms and an outline of basic laboratory experiments that are commonly used in the discipline. Among the outstanding contributions in this volume you will find: An excellent chapter by Carol Henderson discusses the legal and ethical aspects of bloodstain pattern evidence in detail. A post-conviction analysis by Marie Elena Saccoccio evaluates how bloodstain evidence can play a role in the appeal process. Misinterpretation and overinterpretation of bloodstain evidence can occur in our courts of law-be prepared to effectively analyze the evidence and the testimony with Scientific and Legal Applications of Bloodstain Pattern Interpretation.
Examines traditional safeguards against mistaken eyewitness identification.