Forensic Science Evidence and Expert Witness Testimony

Forensic Science Evidence and Expert Witness Testimony Author : Paul Roberts
Release : 2018-11-30
Publisher : Edward Elgar Publishing
ISBN : 1788111036
File Size : 65.37 MB
Format : PDF
Download : 877
Read : 740

Forensic science evidence plays a pivotal role in modern criminal proceedings. Yet such evidence poses intense practical and theoretical challenges. It can be unreliable or misleading and has been associated with miscarriages of justice. In this original and insightful book, a global team of prominent scholars and practitioners explore the contemporary challenges of forensic science evidence and expert witness testimony from a variety of theoretical, practical and jurisdictional perspectives. Chapters encompass the institutional organisation of forensic science, its procedural regulation, evaluation and reform, and brim with comparative insight.

Law for the Expert Witness, Second Edition

Law for the Expert Witness, Second Edition Author : Daniel A. Bronstein
Release : 2010-12-12
Publisher : CRC Press
ISBN : 9781420048766
File Size : 78.9 MB
Format : PDF, Kindle
Download : 704
Read : 705

Written by a trial lawyer turned professor, Law for the Expert Witness, Second Edition is for professionals who participate - voluntarily or involuntarily - in the legal system as expert witnesses. This book discusses the practical aspects of pre-trial discovery and the Rules of Evidence. Most of the principles are illustrated using actual cases decided by various courts. The book also includes helpful hints based on the author's trial experience and appendices that contain the texts of the relevant Federal Rules of Civil Procedure and Federal Rules of Evidence. This text is an excellent primer for chemists, medical professionals, civil engineers, environmental toxicologists, and other professionals called to provide expert testimony, as well as a practical handbook for lawyers to utilize in preparing experts for testifying.

The Expert Witness in Construction

The Expert Witness in Construction Author : Robert Horne
Release : 2013-10-28
Publisher : John Wiley & Sons
ISBN : 0470655933
File Size : 85.48 MB
Format : PDF, ePub, Mobi
Download : 997
Read : 680

The role of the expert witness has long been important in the resolution of construction disputes. The specialist opinion brought by the expert can aid understanding and interpretation of the facts of the dispute, and may be influential in deciding the outcome. The variety of dispute resolution procedures and the requirement for the expert witness to be independent places a heavy burden on the parties to identify and instruct an appropriate expert, and on the expert to ensure they discharge their duty in the correct manner. The Expert Witness in Construction explains, in practical terms, the way in which experts work with particular reference to the construction industry. Within this book the Expert's role is explained in legal and practical terms as a progression from understanding the basic principles by which Experts can be identified, through appointment, to giving evidence before a tribunal. At every stage commentary is given to: help and guide professionals new to the arena of expert evidence; act as a resource for those already acting as Experts; assist party representatives looking for best practice guidance on the instruction of Experts; and provide parties to disputes information on what they should expect from the Expert they appoint to explain the issues in the case. Covering all the implications of identifying, appointing, instructing and relying on experts, it will help the reader to understand why experts are instructed in the way they are, how to identify the expert that is right for a particular case and how evidence should be presented. Written by a practicing lawyer and a consultant with extensive experience of acting as an expert witness, the requirements of both the lawyer and expert are discussed. As such, it will help both parties to understand each other resulting in a closer, more productive working relationship.

Law for the Expert Witness

Law for the Expert Witness Author : Daniel A. Bronstein
Release : 2007-03-19
Publisher : CRC Press
ISBN : 9781420046748
File Size : 21.25 MB
Format : PDF, Mobi
Download : 241
Read : 578

Extensively updated and expanded to incorporate legislative and practical changes enacted since the publication of the previous edition, this third edition of Law for the Expert Witness comprehensively covers the current processes and techniques of legal procedure. Beginning with procedural issues that an expert witness would encounter i

The Psychiatrist as Expert Witness

The Psychiatrist as Expert Witness Author : Thomas G. Gutheil
Release : 2009-02-20
Publisher : American Psychiatric Pub
ISBN : 158562893X
File Size : 42.22 MB
Format : PDF, Kindle
Download : 641
Read : 368

Forensic psychiatry is growing in popularity, and many a practitioner feels the urge to explore this fascinating realm of endeavor. The second edition of The Psychiatrist as Expert Witness, by Thomas G. Gutheil, M.D., is a highly readable and practical guidebook for those interested in entering the field while navigating the dangers inherent in courtroom testimony. This volume is a thoroughly revised and updated edition of his highly successful first edition. The earlier edition has been used in nearly all forensic psychiatric training programs in the U.S. and Canada since its publication in 1998. A professor of psychiatry at the Beth Israel-Deaconess Medical Center-Harvard Medical School, Gutheil draws on his decades of experience in the courtroom and countless beginner's mistakes to help readers avoid the pitfalls of serving as an expert witness. While of great value to newcomers to the field, the book offers insight and guidance to early-career and seasoned expert witnesses as well. As in the first edition, this volume explores the role of the expert witness, moral issues, basic principles, depositions and trials, writing for the court, and ethical marketing. Besides the requisite updating of references and suggested readings, this latest volume features expansions and additions of particular benefit to prospective expert witnesses: A glossary of useful terms Expanded definitions of key concepts A lengthened discussion of bias in testimony Additional illustrative examples A model forensic consent form for examination Cases and principles that have arisen since the first edition The Psychiatrist as Expert Witness provides the practical, hands-on mentoring and guidance that were not readily available in the past. Concrete advice replaces abstract theorizing, and informal discussion in a user-friendly tone replaces scholarly discourse. These attributes combine to make this a book that is highly accessible and usable in real world courtroom settings. While some in society decry the expert witness function, the courts will continue, from all evidence, to require expert witness testimony in increasing numbers. The author seeks to help his colleagues meet the courts' needs with ethical, effective and helpful testimony through the publication of this revised volume. At the same time, Gutheil strives to make the often complex arena of forensic psychiatry more understandable to those who wish to enter the field and to seasoned experts eager to keep up with contemporary changes in forensic psychiatry.

The Toxicologist as Expert Witness

The Toxicologist as Expert Witness Author : Arthur Furst
Release : 2002-02-27
Publisher : CRC Press
ISBN : 9781560325314
File Size : 65.37 MB
Format : PDF
Download : 555
Read : 784

As the world becomes more complex, a greater percentage of the present litigation is based upon very technical subjects. More and more chemicals are being introduced into our daily lives, without ever having been tested for possible side-effects. Consequently, product liability is increasing, and more and more often the toxicologist is being called into court to explain to judges and juries the concepts of technology and risk assessment. The Toxicologist As Expert Witness: A Hint Book for Courtroom Procedure is written with the toxicologist in mind who may not have the experience to testify at a time when toxicolgists as expert witnesses are in great demand.

Financial Expert Witness Communication

Financial Expert Witness Communication Author : Bradley J. Preber
Release : 2014-05-09
Publisher : John Wiley & Sons
ISBN : 1118753852
File Size : 24.41 MB
Format : PDF, ePub, Mobi
Download : 614
Read : 1132

Learn what to expect—and what's expected—as an expert witness Serving as a financial expert witness or consultant in lawsuits is a stressful, challenging, and tough business. In Financial Expert Witness Communication: A Practical Guide to Reporting and Testimony, financial forensic expert Bradley J. Preber leverages more than 30 years of experience to create a practical guide for financial expert witnesses as they face litigation reporting and testimony. Financial Expert Witness Communication covers all areas of financial litigation including accounting, financial forensics, forensic technology, and damages—all from the point of view of an expert witness. The book is especially helpful for those who expect to be formally designated as an expert witness; however, it is also appropriate for financial forensic accountants, litigation consultants, and attorneys as they navigate the unique playing field of the financial litigation process. This book gives financial experts strategies to defend the analysis, conclusions, and expert opinions they have at their disposal. It also provides thorough explanations of compliance, data limitations, and due diligence as well as how to handle demanding legal counsel, with a goal of better preparing them for the entire legal process. The book is part of the Wiley Corporate F&A Series and was created as an educational resource for nonattorney financial experts involved with U.S.-based civil litigation or alternative dispute resolution proceedings. It takes a well-rounded approach by including special chapters on such concepts as retention, privilege, responsibilities, ethics, and testimony, all written by a nationally recognized expert. As a bonus, the companion website presents an additional expert witness case study and guidelines for fulfilling an expert witness role.

Expert Witness Training

Expert Witness Training Author : Judd Robbins
Release : 2010
Publisher : Judd Robbins
ISBN : 1928564224
File Size : 37.11 MB
Format : PDF, ePub
Download : 933
Read : 310

Expert Witness Training is packed with practical details and instruction about becoming, being, and succeeding as an expert witness. It features more than one hundred specific tactics for use by the specialist retained by an attorney as an expert witness. This comprehensive training program incorporates thorough explanations of qualifications, opinion formation and expression, testifying skills, witness credibility, and jury persuasion. Written in confident tutorial form by an experienced expert and teacher, it includes the latest references and legal standards needed by a well-trained expert witness for admissibility of evidence and testimony, as well as Federal Rules of Evidence and Federal Rules of Civil Procedure, and Daubert challenges. This book covers issues of importance to every expert from the perspective of the witness, along with perceptive insight into the attorney's mindset. Attorneys wishing to learn what experienced expert witnesses know and think should have a copy and copies for each of their experts.

The Scientist or Engineer as an Expert Witness

The Scientist or Engineer as an Expert Witness Author : James G Speight
Release : 2008-11-14
Publisher : CRC Press
ISBN : 1420052594
File Size : 66.33 MB
Format : PDF, ePub, Docs
Download : 796
Read : 608

The increased technical nature of litigation coupled with an increase in the number of cases have given rise to the need for a book specifically written for scientists and engineers called to testify as expert witnesses. Unique in its approach, The Scientist or Engineer as an Expert Witness assists these experts in clearly conveying the often complicated information to a non-technical audience. Highly detailed and exceedingly thorough in scope, the book begins with a complete discussion of the functions of the expert witness before delving into the process of how attorneys find experts. A significant portion discusses the professional resume and other tools the expert can use to market him- or herself. The author supplies a helpful primer on the rules of evidence and a discussion of the attorney-expert witness relationship. He includes ample treatment of the use of reports and visual aids, as well as issues that arise during depositions. The book closes with a comprehensive discussion of the trial itself, followed by post-trial responsibilities. A complete glossary of terms further clarifies the material. Dr. James G. Speight has more than 40 years’ experience in areas associated with the properties and processing of conventional and synthetic fuels. He is the editor of the journals Petroleum Science and Technology, Energy Sources Part A: Recovery, Utilization, and Environmental Effects, and Energy Sources Part B: Economics, Planning, and Policy. He has testified numerous times as an expert witness and the guidance he provides gives witnesses all the information needed to testify confidently and effectively.

Law for the Expert Witness, Fourth Edition

Law for the Expert Witness, Fourth Edition Author : Daniel A. Bronstein
Release : 2011-12-13
Publisher : CRC Press
ISBN : 1439851565
File Size : 88.56 MB
Format : PDF, ePub
Download : 441
Read : 1191

Extensively updated and expanded to incorporate legislative and practical changes enacted since the publication of the previous edition, Law for the Expert Witness, Fourth Edition is designed for professionals and students requiring edification on the current processes and techniques of legal procedure. Drawn from revised versions of the readings assigned to graduate and continuing education courses taught by the author, as well as his own professional experience, the text is divided into four sections. Beginning with procedural issues that an expert witness will encounter in advance of the trial itself, the chapters cover legal paperwork, discovery, depositions and other discovery techniques, and consequences for failure to comply with discovery. The next section addresses evidentiary issues, exploring fundamental concepts such as burden of proof, presumptions, and admissibility. It defines who is an expert and when one can testify, and describes the proper form of questions to an expert. Next, the book discusses chain of custody issues, exhibits, hearsay, and the best evidence rule. The book includes suggestions and hints for the expert witness applicable to direct testimony as well as tips on withstanding cross-examination. The final section of the book contains excerpts from the Federal Rules of Civil Procedure and the Federal Rules of Evidence as well as a table of illustrative cases. New topics in this Fourth Edition include: The non-discoverability of the expert’s draft reports, as mandated by FRCP26 The issue of destruction of evidence as it effects discovery and tests, experiments, and chain of custody New and updated information on differing rules among states regarding who is an expert and whether that testimony will be admitted into evidence The reissuance of the Federal Rules of Civil Procedure with new subsections Maintaining the same user-friendly style that made previous editions so popular, this volume enables expert witnesses and attorneys to present compelling evidence in court that will withstand objection from even the most challenging adversary.

The Expert Witness in Islamic Courts

The Expert Witness in Islamic Courts Author : Ron Shaham
Release : 2010-04-15
Publisher : University of Chicago Press
ISBN : 0226749355
File Size : 22.7 MB
Format : PDF, ePub
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Islam’s tense relationship with modernity is one of the most crucial issues of our time. Within Islamic legal systems, with their traditional preference for eyewitness testimony, this struggle has played a significant role in attitudes toward expert witnesses. Utilizing a uniquely comparative approach, Ron Shaham here examines the evolution of the role of such witnesses in a number of Arab countries from the premodern period to the present. Shaham begins with a history of expert testimony in medieval Islamic culture, analyzing the different roles played by male experts, especially physicians and architects, and females, particularly midwives. From there, he focuses on the case of Egypt, tracing the country’s reform of its traditional legal system along European lines beginning in the late nineteenth century. Returning to a broader perspective, Shaham draws on a variety of legal and historical sources to place the phenomenon of expert testimony in cultural context. A truly comprehensive resource, The Expert Witness in Islamic Courts will be sought out by a broad spectrum of scholars working in history, religion, gender studies, and law.

The Expert Witness in Construction Disputes

The Expert Witness in Construction Disputes Author : Michael P. Reynolds
Release : 2008-04-15
Publisher : John Wiley & Sons
ISBN : 0470680202
File Size : 63.40 MB
Format : PDF, Docs
Download : 890
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The role of the expert witness has long been important in construction litigation and arbitration and most other types of dispute resolution. Today there is a heavier burden on experts because of the diversity of the appropriate dispute process and the added responsibility this brings. The Woolf reforms and the introduction of the Civil Procedure Rules are having a major impact on the role of the expert witnesses. No longer is the expert accountable just to the client but directly owes a duty to the court. In the smaller value claim a new opportunity of acting as single joint expert arises where the parties can save time and money. There is greater flexibility in arbitration under the Arbitration Act 1996 and a need for expert evidence in the statutory process of adjudication. This book takes account of all these changes, taking the expert stage by stage through his or her duties, from the investigation, preparation and exchange of expert reports, disclosure of documents, the importance of different types of evidence, to preparation for the hearing itself and the giving of oral evidence. The appendices feature appropriate references to the Civil Procedure Rules, guidelines for experts, protocols and other materials of practical interest. Throughout, reference is made to relevant case law.

The Expert Witness, Forensic Science, and the Criminal Justice Systems of the UK

The Expert Witness, Forensic Science, and the Criminal Justice Systems of the UK Author : S. Lucina Hackman
Release : 2019-04-24
Publisher : CRC Press
ISBN : 1498705707
File Size : 49.46 MB
Format : PDF, Mobi
Download : 223
Read : 1294

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.

The Surveyors' Expert Witness Handbook

The Surveyors' Expert Witness Handbook Author : Martin Farr
Release : 2014-04-23
Publisher : Taylor & Francis
ISBN : 1135328021
File Size : 58.51 MB
Format : PDF, ePub, Docs
Download : 417
Read : 951

This book is an invaluable guide for those providing expert evidence on valuations of commercial properties – including civil actions, rent review arbitrations, lands tribunal cases and rating appeals. The object of the book is to provide the commercial property valuer with a detailed introduction to providing expert evidence in a litigation context, the rules, requirements and the pitfalls for the unwary. Particular trouble has been taken to emphasise the need for quality evidence based on relevant experience which is objective, unbiased, independent, and of sufficient quality to resist challenges before the courts, tribunals and arbitrators. This handbook will help the practitioner start off on the right course and provide forewarning of the issues which he or she is likely to face, leading to greater professional awareness and to higher standards of valuation expert evidence in all commercial property fields.

The Art and Science of Expert Witness Testimony

The Art and Science of Expert Witness Testimony Author : Karen Postal
Release : 2021-09-14
Publisher : Routledge
ISBN : 1000430715
File Size : 51.24 MB
Format : PDF, Mobi
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Read : 1080

Featuring in-depth interviews of attorneys, judges, and seasoned forensic experts from multiple disciplines including psychology, medicine, economics, history, and neuropsychology, The Art and Science of Expert Witness Testimony highlights and offers bridges for the areas where the needs and expectations of the courtroom collide with experts’ communication habits developed over years of academic and professional training. Rather than seeing testimony as a one-way download from expert to jurors, The Art and Science of Expert Witness Testimony focuses on the direct, dynamic, unique communication relationship that develops as each juror’s lived experience interacts with the words of experts on the stand. This book expands the academic tradition of "methods-centered credibility" to also include "person-centered credibility," where warmth, confidence, and relentless attention to detail build trust with jurors. Seasoned forensic experts share what they actually say on the stand: their best strategies and techniques for disrupting traditional academic communication and creating access to science and professional opinions with vivid, clear language and strong visuals. The difficult but necessary emotional work of the courtroom is addressed with specific techniques to regulate emotions in order to maintain person-centered credibility and keep the needs of jurors front and center through cross-examination. This innovative compilation of research is essential reading for professionals and practitioners, such as physicians, engineers, accountants, and scientists, that may find themselves experts in a courtroom. The Art and Science of Expert Witness Testimony provides a unique experience for readers, akin to being personally mentored by over eighty-five attorneys, judges, and seasoned experts as they share their observations, insights, and strategies—not to "win" as a defense, prosecution, or plaintiff expert, but to be productive in helping jurors and other triers of fact do their difficult intellectual job in deciding a case.

How To Be An Effective Litigation Consultant And Expert Witness

How To Be An Effective Litigation Consultant And Expert Witness Author : Budd J. Hallberg
Release : 2010-07-27
Publisher : AuthorHouse
ISBN : 9781449099343
File Size : 24.73 MB
Format : PDF
Download : 304
Read : 1080

"This book identifies those industries most in need of litigation consultants and expert witnesses. They include: construction, medicine, securities, commodity futures, internet -telecommunications, real estate and corporate America. Before you try your hand as a litigation consultant or expert witness, this book is must reading. The qualifications a person needs to be a successful litigation consultant and expert witness are explained. The text examines various issues involving plaintiff and defendant representation. It names the various litigation forums available for hearing dispute resolution matters. If you are considering litigation consultant work as a career, this book is packed with valuable information. It tells you how to prepare an effective Curriculum Vitae and write a sound Expert Report. These two documents are essential to the litigation consultant and expert witness. The information in this book is based on experience gained in courtrooms across the nation. Hallberg's accomplishments as a litigation consultant have been widely recognized. For example, in a case before the United States District Court, Southern District of New York, the presiding Judge said, ""The Court in particular notes as helpful to its conclusion the testimony of the SHB Defendant's expert Mr. Budd Hallberg. Mr. Hallberg was a very compelling and convincing witness relative to the COMEX, clearly knowledgeable of its procedures, rules and regulations, as well as those of the CFTC."

From the Files of a Security Expert Witness

From the Files of a Security Expert Witness Author : Charles A. Sennewald
Release : 2013-08-09
Publisher : Butterworth-Heinemann
ISBN : 0124116264
File Size : 32.95 MB
Format : PDF, Kindle
Download : 675
Read : 293

From the Files of a Security Expert Witness guides the reader through the experience of testifying in court on security issues in civil litigation. Written by one of the security profession's best-known expert witnesses, the book explores 36 cases that reflect the high drama of true crime, including kidnapping, rape, and murder. Many of these cases led to premises liability lawsuits based on claims of negligence, inadequate security, false arrest and imprisonment, excessive use of force, and others. Effective security specialists, whether or not they are considering becoming expert witnesses, should be familiar with the facts of these cases, their theories of liability and theories of defense. Encompassing aspects of criminal and tort law, all within the context of forensic security consulting, this book offers valuable insights from an experienced security professional. Understand the role of a security expert witness through his involvement in actual civil lawsuits driven by criminal acts Explore the expert witness’s role in liability litigation, from forming opinions to being able to intelligently present beliefs to the legal community as well as to juries Learn practical, in-depth guidelines for becoming an expert witness through the firsthand experiences of a court-recognized authority

Offender Profiling in the Courtroom: The Use and Abuse of Expert Witness Testimony

Offender Profiling in the Courtroom: The Use and Abuse of Expert Witness Testimony Author : Norbert Ebisike
Release : 2008-09-30
Publisher : ABC-CLIO
ISBN : 0313362114
File Size : 31.55 MB
Format : PDF, Kindle
Download : 417
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Offender profiling is mainly used by the police to narrow down suspects in cases where no physical evidence was left at a crime scene. Recently, however, this technique has been introduced into the courtroom as evidence, raising questions of its reliability, validity, and admissibility at trial. Because offender profiling was not originally intended to be used in the courtroom, its entrance there has caused both confusion and controversy. Offender Profiling in the Courtroom discusses the use of profiling evidence in criminal trials. Ebisike also covers the history, development, approaches to, and the legal aspects of this crime investigation technique. Several serial crime cases where investigators used offender profiling during the criminal proceedings are discussed, including the case of the New York Mad Bomber, George Metesky, who caused thirty-two bomb explosions in New York City between 1940 and 1956, and the case of Albert DeSalvo, known as the Boston Strangler, who carried out several sexually motivated murders in Boston, Massachusetts between 1962 and 1964. Ebisike demystifies offender profiling and raises awareness about the successes and the pitfalls of the process and its use at trial. Offender profiling is a crime investigation technique where information gathered from the crime scene, witnesses, victims (if alive), autopsy reports, and information about an offender's behavior is used to draw up a profile of the sort of person likely to commit such crime. Offender profiling does not point to a specific offender. It is based, instead, on the probability that someone with certain characteristics is likely to have committed a certain type of crime. In spite of the ever-increasing media interest in the use of offender profiling in criminal trials, this technique is still not well understood by many people, including judges, lawyers, and jurors, who weigh such evidence at trial. Some people see offender profiling as a tried and true method of identifying suspects, and others simply see it as a fiction. Here, the author helps readers understand the true nature of offender profiling and the danger of its admission into criminal cases as evidence.

Financial Expert Witness Communication

Financial Expert Witness Communication Author : Bradley J. Preber
Release : 2014-05-27
Publisher : John Wiley & Sons
ISBN : 1118753550
File Size : 36.16 MB
Format : PDF, Kindle
Download : 872
Read : 595

Learn what to expect—and what's expected—as an expert witness Serving as a financial expert witness or consultant in lawsuits is a stressful, challenging, and tough business. In Financial Expert Witness Communication: A Practical Guide to Reporting and Testimony, financial forensic expert Bradley J. Preber leverages more than 30 years of experience to create a practical guide for financial expert witnesses as they face litigation reporting and testimony. Financial Expert Witness Communication covers all areas of financial litigation including accounting, financial forensics, forensic technology, and damages—all from the point of view of an expert witness. The book is especially helpful for those who expect to be formally designated as an expert witness; however, it is also appropriate for financial forensic accountants, litigation consultants, and attorneys as they navigate the unique playing field of the financial litigation process. This book gives financial experts strategies to defend the analysis, conclusions, and expert opinions they have at their disposal. It also provides thorough explanations of compliance, data limitations, and due diligence as well as how to handle demanding legal counsel, with a goal of better preparing them for the entire legal process. The book is part of the Wiley Corporate F&A Series and was created as an educational resource for nonattorney financial experts involved with U.S.-based civil litigation or alternative dispute resolution proceedings. It takes a well-rounded approach by including special chapters on such concepts as retention, privilege, responsibilities, ethics, and testimony, all written by a nationally recognized expert. As a bonus, the companion website presents an additional expert witness case study and guidelines for fulfilling an expert witness role.