Feder's Succeeding as an Expert Witness / Edition 4

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Overview

As the first major revision since 2000 of the landmark handbook on expert testimony, this fourth edition provides the crucial, insider information that today’s testifying forensic experts want and need to not only survive, but thrive in deposition and court testimony.

Comprehensively reorganized to accommodate greater breadth and scope, this edition makes it even easier to find and use information on the most vital topics, including deposition and direct and cross-examination testimony of expert witnesses. It includes a new forward by Peter Neufeld, DNA expert, lawyer, and co-founder of the Innocence Project, as well as several new chapters providing an overview of expert witnessing; explanations of methods, testing, and science; and examinations of the roles of each player. The book also provides a revised and updated chapter on ethics, covering basic real-world ethical issues, problems, and solutions, such as unethical conduct, junk science, abuse of and by experts, and forensic professional codes of ethics.

Each chapter includes Key Terms, Review Questions, and Discussion Questions along with new and revised charts and illustrations. A 50-page appendix covers the four major federal court decisions affecting expert testimony, as well as an update of the indispensable article Expert Testimony in the Wake of Daubert, Joiner, and Kumho Tire, by Sidney W. Jackson, III, counsel for the respondents in the U.S. Supreme Court case Kumho Tire Co. v. Carmichael.

Offering useful career insights and trial-tested tips from lawyer/expert Harold A. Feder and forensic scientist Max M. Houck, the strong emphasis on criminal law material makes this the perfect book for forensic science students heading to key positions in U.S. and international crime labs, as well as a crucial reference and resource for more experienced civil, private, and testifying experts in all disciplines.

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Product Details

  • ISBN-13: 9781420051629
  • Publisher: CRC Press
  • Publication date: 6/2/2008
  • Edition description: REV
  • Edition number: 4
  • Pages: 216
  • Product dimensions: 6.10 (w) x 9.40 (h) x 0.70 (d)

Table of Contents

Foreword, P. Neufeld
Expert Witnesses: An Overview
History of Experts in Trials
Civil and Criminal Cases
The Criminal Justice Process
Discovery and Deposition
Preparation for Trial
At Trial
Conclusion
Methods, Testing, and Science
Accreditation, Standardization, and Certification
What Is Science?
Formulating a Working Hypothesis
Use of a Standard Protocol
Published Methods
Toward Admissibility
The Players
The Attorney’s Role
The Courts
The Judge’s Role
The Jury’s Role
Expert’s Role
Example of the Role of Scientists
Expert’s Role in Court
The Legal Context
Discovery
The Discovery Components
The Expert and the Discovery Process
Preparing for Deposition
Federal Rules of Evidence
Testimony
Your Report
Preparation for Testimony and Communicating with Attorneys
Preparation for Testimony without Communicating
Dress, Demeanor, and Deportment
At Trial
Direct Examination of Experts
Direct Examination and Strong Narratives
Important Points to Remember
Elements That Enhance Direct Examination
Be a Teacher
Presenting the Complex
The Visual Display of Information
Visually Displaying Quantitative Information
Data Ink
Chartjunk
Graphs, Graphics, and Comparisons in Court
Demonstrations: If the Glove Doesn’t Fit, You Must Acquit
Cross-Examination
Cross-Examination: Friend or Foe?
Know the Attorney’s Goals
Testing the Entire Field
Reducing Vulnerability to Cross-Examination
Ethics
What Is Unethical Conduct?
Interprofessional Relationships
How to Avoid Abuse
Primary Ethical Issues
Abuses of Experts
Abuses by Experts
Asserting Your Rights as a Witness
Countering the Claim of Junk Science
Appendix A: Federal Rules of Evidence 701 through 706
Rule 701: Opinion Testimony by Lay Witnesses
Rule 702: Testimony by Experts
Rule 703: Bases of Opinion Testimony by Experts
Rule 704: Opinion on Ultimate Issue
Rule 705: Disclosure of Facts or Data Underlying Expert Opinion
Rule 706: Court Appointed Experts
Appendix B: A Proposed Code of Conduct
C. Henderson
American Academy of Forensic Sciences, Jurisprudence Section, Code of Professionalism
Terminology
Rules
APPENDIX C: AN EXPERT’S BILL OF RIGHTS
H. Feder
The Expert Witness Bill of Rights
Asserting Your Rights as an Expert Witness
Appendix D: Frye v. United States
Appendix E: Daubert v. Merrill Dow Pharmaceuticals, Inc
Appendix F: Kumho Tire v. Carmichael
Appendix G: Joiner v. General Electric Company
Appendix H: Expert Testimony in the Wake of Daubert, Joiner, and Kumho Tire, S.W. Jackson III
Appendix I: Resources for Private Experts
Glossary and Important Terms
Bibliography

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