Expert evidence in criminal proceedings in England and Wales
Expert evidence in criminal proceedings in England and Wales

Author: Great Britain: Law Commission

Publisher: The Stationery Office

Published: 2011-03-22

Total Pages: 224

ISBN-13: 9780102971170

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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.

Expert Testimony
Expert Testimony

Author: Steven Lubet

Publisher: Aspen Publishing

Published: 2014-08-06

Total Pages: 206

ISBN-13: 1632814293

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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, Third Edition as your guide. Elizabeth Boals and Steve Lubet coauthored the Third Edition of Expert Testimony: A Guide for Expert Witnesses and the Lawyers Who Examine Them expanding and amplifying the original book with: New guidance on the development and presentation of expert testimony in the digital age, including discussion of visual aids and electronic discovery, Updated analysis of the Federal Rules of Evidence and Federal Rules of Civil Procedure, Updated discussion of the ethical rules governing expert retention and testimony, Examples of expert witness examinations and detailed discussion of techniques for coping with lawyer questioning, Checklists for quick reference. The collaborative effort of Professors Lubet and Boals has resulted in a Third Edition that is worthwhile to both the expert witnesses and the lawyers who examine them.

Successful Expert Testimony
Successful Expert Testimony

Author: Max M. Houck

Publisher: CRC Press

Published: 2018-06-14

Total Pages: 337

ISBN-13: 1315305690

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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.

Law for the Expert Witness, Second Edition
Law for the Expert Witness, Second Edition

Author: Daniel A. Bronstein

Publisher: CRC Press

Published: 2010-12-12

Total Pages: 248

ISBN-13: 9781420048766

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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.

Expert Rules
Expert Rules

Author: Paul J. Zwier

Publisher: Aspen Publishing

Published: 2018-02-13

Total Pages: 236

ISBN-13: 1601565763

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Expert Rules answers the most commonly asked questions about experts: How do you approach an expert problem? What is the impact of Daubert on expert preparation, direct, and cross? How do you structure direct examination of an expert? How do you avoid fatal blunders when you prepare an expert? Even though Daubert is almost twenty-five years old, most attorneys are only familiar with its application to the experts they see most—local doctors. Expert Rules provides attorneys with the help they need to confront new fields manned by new or unusual experts. This concise, easy-to-follow guide provides practical and in-depth information on how to deal with an expert—from finding the expert, to helping the expert prepare her report, deposing and defending the expert, conducting expert direct and cross-examination, and helping the expert prepare factual, informative, and persuasive testimony. And this fourth edition contains new rules and strategies for experts, including strategies for preparation, mining the Internet in discovery, using exhibits, highlighting key points on direct, and more effective cross-examinations.

Expert Testimony
Expert Testimony

Author: Steven Lubet

Publisher: National Institute for Trial Advocacy

Published: 1998

Total Pages: 228

ISBN-13:

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"This concise, well-organized book covers witness credibility, preparation, direct & cross-examination, depositions, discovery, & ethics. Lubet's chapters on cross-examination & deposition testimony are especially helpful in preparing an expert to withstand an assault by the other side's lawyer. . . . Although aimed primarily at experts, Lubet's book is also an excellent resource for the lawyers who hire them. Even veteran litigators may pick up practical pointers on handling expert witnesses who want to know more than what a retaining lawyer has told them. Lubet, who also wrote a trial practice handbook for the National Institute for Trial Advocacy, is a master at leading one through complex materials, which is helpful for novice trial lawyers facing their first trials . . . . He provides clear information about testifying, & he bolsters the information with good examples. The chapters on direct & cross-examinations are good for both lawyers & experts. Lawyers should read this book for a primer an direct & crossBy analyzing & demystifying every aspect of expert testimony, Lubet has created a work that is indispensable to accountants, physicians, psychologists, forensic scientists, engineers, attorneys, & those who are retained as or engage the services of expert witnesses.

The A-Z Guide to Expert Witnessing
The A-Z Guide to Expert Witnessing

Author: Steven Babitsky

Publisher: SEAK, Incorporated

Published: 2006-01-01

Total Pages: 626

ISBN-13: 9781892904294

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The A to Z Guide to Expert Witnessing is the comprehensive work on expert witnessing. The topics covered include civil procedure, evidence, quali?cations, CV writing, forming and expressing opinions, report writing, testifying skills, marketing, fee setting, billing, collections, ethics, privileges, discovery, avoiding abuse and much more. It features 24 concisely written chapters, 26 appendices, hundreds of examples with easy to read summary head notes, priceless practice pointers and a detailed index. You will learn: * How to best connect with and persuade a jury * How to market yourself professionally and cost-effectively * Premium fee-setting, billing and collection techniques * Relevant rules of civil procedure and evidence, Testifying skills * Expert witness risk management, How to handle abuse by attorneys * How to maintain high ethical standards * How to bullet-proof your CV and written reports * How to meet challenges under Daubert * The limits of discovery and privilege * and much, much more Features: In the appendices you'll ?nd invaluable resources, which include: *A compendium of expert witness referral organizations, *A list of online and print directories, *A list of legal journals and other publications, *A list of forensic organizations, *A list of bar associations and other legal associations, *Model expert fee schedules, *Model fee agreements, *Model bills, and *A fee survey: what other experts are charging for their time