Preparing and Presenting Expert Testimony in Child A Guide for Expert Witnesses and Attorneys

by Paul Stern

• ISBN13: 9780761900122
• ISBN10: 0761900128
• Format: Hardcover
• Copyright: 1997-01-24
• Publisher: Sage Publications

Summary

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 evidence, and come to appropriate and informed decisions.

Table of Contents

Foreword	xi	(4)
Acknowledgments	xv
1. The Need for Expert Testimony	1	(20)
The Need for Expert Witnesses	2	(4)
THE JURY SELECTION PROCESS	2	(3)
THE LEGAL DEFINITION OF EXPERT TESTIMONY	5	(1)
How a Witness Becomes an Expert Witness	6	(5)
EDUCATION, NOT JUSTIFICATION	8	(1)
JUDICIAL EDUCATION	9	(2)
Practical Considerations in Determining Whether to Use Expert Testimony	11	(10)
LEGAL LIMITATIONS ON EXPERT TESTIMONY	12	(9)
2. Who Are the Experts?	21	(25)
An Expert Need Not Be the Expert	22	(1)
Establishing the Qualifications of an Expert Witness in Court	23	(12)
THE EXPERT'S CURRICULUM VITAE	31	(4)
Even Without Credentials, Experience Alone Does It	35	(1)
Don't Get Carried Away	35	(2)
Locating the Expert Witness	37	(5)
The Role of a Consulting Expert	42	(1)
Court-Appointed Experts	43	(3)
3. The Preparation of Expert Witness Testimony	46	(24)
What an Attorney Must Do to Prepare Expert Witness Testimony	47	(13)
WHAT THE EXPERT CAN AND CANNOT SAY, SCIENTIFICALLY	48	(1)
STUDYING THE LITERATURE	49	(5)
WHAT THE EXPERT CAN AND CANNOT SAY, LEGALLY	54	(1)
IS THIS THE PROPER EXPERT WITNESS?	55	(1)
MEETING WITH THE EXPERT WITNESS	55	(3)
WHAT DOES AN ATTORNEY ASK AN EXPERT?	58	(2)
The Expert Witness's Preparation for Trial	60	(10)
REVIEW OF ALL MATERIALS	60	(1)
KNOWLEDGE OF THE CASE MATERIAL	61	(1)
KNOWLEDGE OF THE LITERATURE	62	(1)
PREPARATION OF EXHIBITS	63	(1)
CONSULTATION WITH OTHER EXPERTS	64	(2)
TESTIMONY STARTS WHEN THE WITNESS APPROACHES THE COURTHOUSE	66	(2)
PREPARATION CONTINUES EVEN AFTER THE WITNESS TESTIFIES	68	(2)
4. Presenting Expert Testimony in Court	70	(24)
The Fear Factor	71	(2)
Considerations for the Attorney Presenting Expert Testimony	73	(3)
DON'T SHOW OFF	76	(1)
Considerations for the Expert Witness Presenting Testimony in Court	76	(16)
LOOKS COUNT	78	(1)
DEMEANOR COUNTS	78	(1)
BE PREPARED	79	(1)
TELL THE TRUTH	79	(2)
BE YOURSELF	81	(1)
SPEAK ENGLISH	82	(2)
KNOW YOUR AUDIENCE	84	(1)
SAY IT THREE TIMES	85	(4)
GET THREE OPINIONS INTO ONE	89	(1)
USE THE LITERATURE	90	(1)
BE THE WITNESS; DON'T TRY TO BE THE LAWYER	91	(1)
Degree of Certainty	92	(2)
5. Dealing With Cross-Examination	94	(22)
The Opposing Attorney Is Likely Nervous Too	95	(2)
The Witness Has Considerable Control	97	(3)
Questions Need Not Be Answered Yes or No	100	(2)
WHEN THE WITNESS'S ANSWER IS CUT OFF	101	(1)
STRESS MANAGEMENT TECHNIQUES	101	(1)
Listen, Listen, Listen to the Question	102	(1)
Cross-Examination Is Not a Professional Debate or a Search for Truth	103	(2)
How Would the Witness Handle the Question in the Real World?	105	(4)
Always Be Professional	109	(2)
KNOW YOUR LIMITS	109	(1)
BE YOURSELF	109	(2)
Always Be Honest	111	(5)
THE EXPERT WITNESS AS ADVOCATE	111	(1)
HOW MUCH ARE YOU BEING PAID FOR YOUR OPINION?	112	(4)
6. Medical and Mental Health Professionals as Experts in Legal Cases	116	(39)
Benjamin E. Saunders
Differences in Professional Perspectives	117	(8)
ROLES OF THE EXPERT	118	(7)
Ethical Issues	125	(12)
CONFIDENTIALITY	127	(3)
INFORMED CONSENT	130	(3)
KNOWLEDGE AND EXPERTISE	133	(1)
CONFLICTS OF INTEREST	134	(2)
AVOIDING ETHICAL PROBLEMS	136	(1)
Practical Guidelines	137	(17)
INITIAL CONTACTS	138	(6)
GATHERING INFORMATION AND DEVELOPING OPINIONS	144	(5)
PREPARATION FOR DEPOSITION OR TESTIMONY	149	(2)
DEPOSITIONS AND COURTROOM TESTIMONY	151	(3)
Conclusion	154	(1)
7. Cross-Examining the Irresponsible Expert Witness	155	(24)
The Damage That Can Be Done by the Irresponsible Expert Witness	156	(1)
Who Is the Irresponsible Expert?	156	(1)
How to Identify and Expose the Irresponsible Expert Witness	157	(16)
IS THIS PERSON QUALIFIED?	158	(7)
IS THE EVALUATION PROCESS PROPERLY DONE?	165	(3)
IS THE WITNESS AN EXPERT OR AN ADVOCATE?	168	(3)
DISCOVERING THE BIAS	171	(2)
An Expert Witness Memorandum	173	(2)
Practice Considerations	175	(2)
A Final Word About Professionalism: The Attack Should Never Get Personal	177	(2)
Cases Cited	179	(2)
References	181	(2)
Index	183	(2)
About the Author	185	(2)
About the Contributor	187