Download or read book Understanding and Evaluating Expert Testimony in the Law written by David Joshua Strauss and published by . This book was released on 2004 with total page 460 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Expert Witnessing written by Carl Meyer and published by Routledge. This book was released on 2020-08-18 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: Communication problems between science and the courts are widely deplored and sometimes exploited by a variety of groups. The U.S. Supreme Court has twice tightened the law of evidence to control the flow of information, but amazingly little has been written to analyze the nature of the problem and reduce the barriers. Expert Witnesses: Explaining and Understanding Science results from the first-hand experience of the contributors-who include scientists, expert witnesses, litigators, and a judge-that the cultural and interdisciplinary communications barriers between science and the law can be greatly reduced to everybody's advantage if the parties understand and respect each other's needs and positions.
Download or read book Reference Manual on Scientific Evidence written by and published by . This book was released on 1994 with total page 652 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Expert Testimony written by Steven Lubet and published by Aspen Publishing. This book was released on 2020-02-06 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: Order two copies of this book: one for yourself and one for your expert witness. It will give experts the confidence they need to be comfortable in court, and give you the skills necessary to emphasize the credibility of your experts. You can avoid pitfalls such as unintentional signals, inappropriate demeanor and appearance, and awkward body language by using Expert Testimony: A Guide for Expert Witnesses and the Lawyers Who Examine Them as your guide. In this newly revised Fourth Edition, Elizabeth Boals and Steve Lubet provide counsel on the development and presentation of expert testimony in the digital age, including discussion of visual aids and electronic discovery; analyze the Federal Rules of Evidence and Federal Rules of Civil Procedure; discuss the ethical rules governing expert retention and testimony; give examples of expert witness examinations and detailed discussion of techniques for coping with lawyer questioning; and provide checklists for quick reference. The collaborative effort of Professors Lubet and Boals has resulted in a new edition worthwhile to both the expert witnesses and the lawyers who examine them.
Download or read book The Age of Expert Testimony written by National Research Council and published by National Academies Press. This book was released on 2002-03-13 with total page 81 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Modern Scientific Evidence written by David Laurence Faigman and published by West Group Publishing. This book was released on 2002 with total page 618 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A Litigator s Guide to Expert Witnesses written by Cecil C. Kuhne (III) and published by American Bar Association. This book was released on 2006 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: The admission of expert witness testimony remains one of the most contentious, critical, and interesting aspects of modern-day litigation process. This book examines the role of the expert witness, focusing on taking depositions, expert qualifications, admissibility of testimony, attorney-client privilege, Daubert, rules of discovery and evidence, selecting and presenting experts, and direct examination of experts.
Download or read book Modern Scientific Evidence written by and published by . This book was released on 2005 with total page 928 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Experts in Court written by Bruce Dennis Sales and published by Amer Psychological Assn. This book was released on 2005-01-01 with total page 162 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Experts in Court: Reconciling Law, Science, and Professional Knowledge examines the use of expert testimony, particularly that of mental health professionals, in civil and criminal litigation. Lawyers and judges often fear that mental health professionals' testimony is purely experiential and not based on objective criteria or a demonstrable scientific foundation. Through the use of a novel approach to evaluating the interactions of experts with the courts, Sales and Shuman explain the scrutiny that psychologists and all other experts will need to use to survive admissibility determinations under new and evolving rules of evidence. Their skillful and detailed analysis shows how the standards of admissibility for expert testimony have changed and how they have altered the relationships among judges, juries, experts, and lawyers. The book carefully reveals the evolution of laws regarding evidence admissibility, the requirements established by specific court rulings for scientific and nonscientific expert testimony, and the new rules for the submission of psychological expertise in court. It also explains how the law can use experts more effectively and how their behavior serves or complicates the goals of the rules of evidence. Finally, the authors propose a research agenda designed to foster a better understanding of the attitudes and practices of trial courts concerning rules of evidence and expert testimony"--Cover. (PsycINFO Database Record (c) 2006 APA, all rights reserved)
Download or read book A Convergence of Science and Law written by Policy and Global Affairs and published by National Academies Press. This book was released on 2001-08-01 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report is a summary of the first meeting of the Science, Technology, and Law Panel. The Policy Division of the National Research Council established the panel to bring the science and engineering community and the legal community together on a regular basis to explore pressing issues, to improve communication, and to help resolve such issues between these communities.
Download or read book Expert Psychological Testimony for the Courts written by Mark Costanzo and published by Psychology Press. This book was released on 2020-07-24 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: During the past two decades, the frequency and range of expert testimony by psychologists have increased dramatically. Courts now routinely hear expert testimony from clinical, cognitive, developmental, and social psychologists. Expert Psychological Testimony for the Courts provides a comprehensive, research-based analysis of the content, ethics, and impact of expert testimony. This book features leading scholars who have contributed to the scientific foundation for expert testimony and who have also served as expert witnesses. The opening chapter explores issues surrounding the admissibility of expert testimony, and the closing chapter explores the ethics and limits of psychological testimony. Each of the intervening chapters focuses on a different area of expert testimony: forensic identification, police interrogations and false confessions, eyewitness identification, sexual harassment, mitigation in capital cases, the insanity defense, battered women, future dangerousness, and child custody. These chapters describe the typical content of expert testimony in a particular area, evaluate the scientific foundation for testimony, examine how jurors respond to expert testimony, and suggest ways in which legal standards or procedures might be modified in light of psychological research. This groundbreaking book should be on the shelf of every social scientist interested in the legal system and every trial attorney who is likely to retain a psychologist as an expert witness. It can also serve as a text for advanced courses in psychology, legal studies, criminal justice, law, and sociology.
Download or read book Identifying the Culprit written by National Research Council and published by National Academies Press. This book was released on 2015-01-16 with total page 170 pages. Available in PDF, EPUB and Kindle. Book excerpt: Eyewitnesses play an important role in criminal cases when they can identify culprits. Estimates suggest that tens of thousands of eyewitnesses make identifications in criminal investigations each year. Research on factors that affect the accuracy of eyewitness identification procedures has given us an increasingly clear picture of how identifications are made, and more importantly, an improved understanding of the principled limits on vision and memory that can lead to failure of identification. Factors such as viewing conditions, duress, elevated emotions, and biases influence the visual perception experience. Perceptual experiences are stored by a system of memory that is highly malleable and continuously evolving, neither retaining nor divulging content in an informational vacuum. As such, the fidelity of our memories to actual events may be compromised by many factors at all stages of processing, from encoding to storage and retrieval. Unknown to the individual, memories are forgotten, reconstructed, updated, and distorted. Complicating the process further, policies governing law enforcement procedures for conducting and recording identifications are not standard, and policies and practices to address the issue of misidentification vary widely. These limitations can produce mistaken identifications with significant consequences. What can we do to make certain that eyewitness identification convicts the guilty and exonerates the innocent? Identifying the Culprit makes the case that better data collection and research on eyewitness identification, new law enforcement training protocols, standardized procedures for administering line-ups, and improvements in the handling of eyewitness identification in court can increase the chances that accurate identifications are made. This report explains the science that has emerged during the past 30 years on eyewitness identifications and identifies best practices in eyewitness procedures for the law enforcement community and in the presentation of eyewitness evidence in the courtroom. In order to continue the advancement of eyewitness identification research, the report recommends a focused research agenda. Identifying the Culprit will be an essential resource to assist the law enforcement and legal communities as they seek to understand the value and the limitations of eyewitness identification and make improvements to procedures.
Download or read book Expert evidence in criminal proceedings in England and Wales written by Great Britain: Law Commission and published by The Stationery Office. This book was released on 2011-03-22 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Law for the Expert Witness written by Daniel A. Bronstein and published by CRC Press. This book was released on 2011-12-13 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 as
Download or read book Preparing and Presenting Expert Testimony in Child Abuse Litigation written by Paul Stern and published by SAGE. This book was released on 1997-01-16 with total page 205 pages. Available in PDF, EPUB and Kindle. Book excerpt: The testimony of expert witnesses to inform courtroom decisions is critical if intelligent and just verdicts are to be reached. Few judges, jurors or lay witnesses possess the necessary knowledge to adequately understand the complexities of human behaviour as they relate to acts of interpersonal violence. While lay witnesses can testify to actual incidents or observations, it is the expert witness who can provide forensic significance to such evidence. This volume clearly defines the need for and role of expert witnesses in litigation. The author demystifies the process, and provides practical guidance on preparing and presenting expert testimony. In so doing, he will assist courts to more accurately assess and weigh eviden
Download or read book The Psychological Foundations of Evidence Law written by Michael J. Saks and published by NYU Press. This book was released on 2016-01-22 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: Evidence law is meant to facilitate trials that are fair, accurate, and efficient, and that encourage and protect important societal values and relationships. In pursuit of these often-conflicting goals, common law judges and modern drafting committees have had to perform as amateur applied psychologists. Their task has required them to employ what they think they know about the ability and motivations of witnesses to perceive, store, and retrieve information; about the effects of the litigation process on testimony and other evidence; and about our capacity to comprehend and evaluate evidence. These are the same phenomena that cognitive and social psychologists systematically study. The rules of evidence have evolved to restrain lawyers from using the most robust weapons of influence, and to direct judges to exclude certain categories of information, limit it, or instruct juries on how to think about it. Evidence law regulates the form of questions lawyers may ask, filters expert testimony, requires witnesses to take oaths, and aims to give lawyers and factfinders the tools they need to assess witnesses’ reliability. But without a thorough grounding in psychology, is the “common sense” of the rulemakers as they create these rules always, or even usually, correct? And when it is not, how can the rules be fixed? Addressed to those in both law and psychology, The Psychological Foundations of Evidence Law draws on the best current psychological research-based knowledge to identify and evaluate the choices implicit in the rules of evidence, and to suggest alternatives that psychology reveals as better for accomplishing the law’s goals.
Download or read book Psychological Experts in Divorce Actions written by Marc J. Ackerman and published by Wolters Kluwer. This book was released on 2005-01-01 with total page 1116 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
