Successful Expert Testimony 1st edition by Max Houck,Christine Funk,Harold Feder 9780367778347 0367778343
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ISBN 10:0367778343
ISBN 13:9780367778347
Author: Max Houck,Christine Funk,Harold Feder
A major revision of the landmark book on expert testimonyFeder’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.
Successful Expert Testimony 1st Table of contents:
1. Expert Witnesses: An Overview
Key Terms
Introduction
History of Experts in Trials
Civil and Criminal Cases
The Criminal Justice Process
Discovery and Deposition
Preparation for Trial
At Trial
Conclusion
Review Questions
Discussion Questions
2. Methods, Testing, and Science
Key Terms
Introduction
Accreditation, Certification, and Standardization
What Is Science?
Formulating a Working Hypothesis
Use of a Standard Protocol
Published Method
Toward Admissibility
Conclusion
Review Questions
Discussion Questions
3. The Players
Key Terms
Introduction
The Attorney’s Role
The Courts
The Judge’s Role
The Jury’s Role
Expert’s Role
Example of the Role of Scientist
Expert’s Role in Court
Thorough Analysis
Ability to Teach
Competence
Believability
Ability to Persuade
Enthusiasm
Conclusion
Review Questions
Discussion Questions
4. The Legal Context
Key Terms
Introduction
Discovery
The Discovery Components
The Expert and the Discovery Process
Criminal Case
Civil Case
Preparing for Deposition or Trial Testimony
Federal Rules of Evidence
General Rules Regarding Witness Testimony
Rules Regarding Expert Testimony and Opinion Testimony
Federal Rules of Evidence 702 and 703
Rule 702
Rule 703
Review Questions
Discussion Questions
5. Testimony
Key Terms
Introduction
Your Report
Preparation for Testimony and Communicating with Attorneys
Preparation for Testimony without Communicating
Demeanor, Dress, and Deportment
At Trial
Review Questions
Discussion Questions
6. Direct Examination of Experts
Key Terms
Introduction
Direct Examination and Strong Narratives
Important Points to Remember
Redirect Examination
Elements That Enhance Direct Examination
Be a Teacher
Creating Instructional Materials: A Global Approach
Creating Instructional Materials: A Concrete Approach
Presenting Complex Data
Review Questions
Discussion Questions
7. The Visual Display of Information
Key terms
Introduction
Visually Displaying Quantitative Information
Data-Ink
Chartjunk
Graphs, Graphics, and Comparisons in Court
Demonstrations: If the Glove Doesn’t Fit, You Must Acquit
Conclusion
Review Questions
Discussion Questions
8. Cross-Examination
Key Terms
Introduction
Cross-Examination: Friend or Foe?
Know the Attorney’s Goals
Laying Foundation
Cross-Examination Techniques
Making the Expert Their Witness
Attacking the Expert’s Field of Expertise
Attacking the Expert’s Qualifications
Attacking the Factual Basis for the Expert’s Conclusions
The Use of Hypotheticals
Using a Learned Treatise
An Attack on the Expert’s Conclusions
Testing the Entire Field
Reducing Vulnerability to Cross-Examination
Understand What Happens Next
Conclusion
Review Questions
Discussion Questions
9. Ethics
Key Terms
Introduction
What Is Unethical Conduct?
Examples of Scientist Misconduct
Examples of Attorney Misconduct
Interprofessional Relationships
American Academy of Forensic Sciences (AAFS)
International Association for Identification
American Society of Crime Laboratory Directors (ASCLD)
How to Avoid Abuse
Primary Ethical Issues
Outright False Data
Investigation Not Performed
Data Altered
Conditional or Limited Engagement (Private Experts)
False Testimony
Ignoring Data
Recanting Prior Contra-Positions
Assignments Beyond Competency
Unauthorized Attorney Influence
Reaching Conclusions before Research
Conflict of Interest
Fraudulent Credentials
Contingent Fee (Private Experts)
Abuses of Experts
Abuses by Experts
Asserting Your Rights as a Witness
Countering the Claim of Junk Science
Conclusion
Review Questions
Discussion Questions
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