The Art And Science Of Expert Witness Testimony
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| Author | : Karen Postal |
| Publisher | : Routledge |
| Total Pages | : 228 |
| Release | : 2021-09-14 |
| Genre | : Psychology |
| ISBN | : 1000430715 |
• Solid research basis, drawing on findings from a 4-year research project with in-depth interviews with judges, attorneys, and seasoned forensic neuropsychologists and psychologists as well as further interviews with professionals in other fields such as engineering, physics and economics. • Provides focused attention on how experts interact with judges, attorneys, and juries • Challenges experts to avoid the traps of professional jargon and traditional manners of presenting information/knowledge/opinions. • Provides a step-by-step approach to orienting the new academic to expert witnessing
| Author | : Fred Chris Smith |
| Publisher | : Addison-Wesley Professional |
| Total Pages | : 560 |
| Release | : 2003 |
| Genre | : Computers |
| ISBN | : 9780201752793 |
A technical expert and a lawyer provide practical approaches for IT professionals who need to get up to speed on the role of an expert witness and how testimony works. Includes actual transcripts and case studies.
| Author | : David Milward |
| Publisher | : CRC Press |
| Total Pages | : 165 |
| Release | : 2017-04-07 |
| Genre | : Law |
| ISBN | : 1351859854 |
Part autobiography, part thought piece, part references, the book takes an insightful look at the experience and cases of renowned paediatrician and forensic expert witness Dr. Charles Ferguson. The book presents the interaction of science and law as it applies, specifically, the Canadian courts, but the justice process as a whole. Dr. Ferguson’s experience—from a scientist and medical professional’s perspective—in dealing with lawyers, judges, and the process of testifying in numerous court—offers a unique glimpse into how the two worlds of science and law don’t always mesh. In some cases the evidence is compelling and definitive. In others, far from it. Ultimately, the book presents the important role of the forensic expert and expert witness as a vital and deciding factor as the courtroom proceedings play out. The cases presented in the book—cases Dr. Ferguson was personally involved with—are interesting, the conclusions and results arrived at by Dr. Ferguson are well thought out and backed by his scientific expertise. The results and conclusions arrived at by the courts is often expected, sometimes surprising—in specific cases even controversial. Throughout all, Dr. Ferguson casts an independent, and sometimes critical, eye on the process presenting a compelling argument and heartfelt recommendation for science, objectivity, and justice to be served based on truth—truth insofar as the "facts" of the cases presented through evidence and the testimony provided within the judicial process. A fascinating read for university students, experts and witnesses, lawyers and judges, and anyone involved in the forensic process in the trying of criminal and civil cases.
| Author | : Karen Postal |
| Publisher | : Routledge |
| Total Pages | : 210 |
| Release | : 2021 |
| Genre | : Language Arts & Disciplines |
| ISBN | : 9781003044826 |
"Featuring in-depth interviews of attorneys, judges, and seasoned forensic experts from multiple disciplines including psychology, medicine, economics, history, and neuropsychology, The Art and Science of Expert Witness Testimony highlights and offers bridges for the areas where the needs and expectations of the courtroom collide with experts' communication habits developed over years of academic and professional training. Rather than seeing testimony as a one-way download from expert to jurors, The Art and Science of Expert Witness Testimony focuses on the direct, dynamic, unique communication relationship that develops as each juror's lived experience interacts with the words of experts on the stand. This book expands the academic tradition of "methods-centered credibility" to also include "person-centered credibility," where warmth, confidence, and relentless attention to detail builds trust with jurors. Seasoned forensic experts share what they actually say on the stand: their best strategies and techniques for disrupting traditional academic communication and creating access to science and professional opinions with vivid, clear language and strong visuals. The difficult but necessary emotional work of the courtroom is addressed with specific techniques to regulate emotions in order to maintain person-centered credibility and keep the needs of jurors front and center through cross-examination. This innovative compilation of research is essential reading for professionals and practitioners, such as physicians, engineers, accountants, and scientists, that may find themselves experts in a courtroom. The Art and Science of Expert Witness Testimony provides a unique experience for readers, akin to being personally mentored by over eighty-five attorneys, judges, and seasoned experts as they share their observations, insights, and strategies-not to "win" as a defense, prosecution, or plaintiff expert, but to be productive in helping jurors and other triers of fact do their difficult intellectual job in deciding a case"--
| Author | : Jack V. Matson |
| Publisher | : CRC Press |
| Total Pages | : 207 |
| Release | : 2012-08-30 |
| Genre | : Law |
| ISBN | : 1466578645 |
The testimony of an expert witness can lead to success or failure in cases that hinge on the presentation’s impact on a jury. Effective Expert Witnessing, Fifth Edition: Practices for the 21st Century explores the fundamentals of litigation, trial preparation, courtroom presentation, and the business of expert witnessing. Extensively updated to reflect new developments since the last edition, it provides practical advice enabling expert witnesses and attorneys to maximize the effectiveness of their expert testimony. The Fifth Edition includes three new chapters. The first uses a hypothetical case study to explore expert witness immunity and issues related to professional malpractice and civil liability. In a chapter on psychology and the art of expert persuasion, noted social psychologist and witness preparation specialist Ann T. Greeley reveals the psychology of juries, discusses what makes an expert effective, and provides tips for conveying effective testimony through verbal and nonverbal behavior and graphics and technology. The final chapter surveys nine of the worst mistakes an expert can make and provides tips on how to avoid them. Accompanying the book are downloadable resources in which Dr. Matson introduces video clips demonstrating effective and ineffective expert testimony at deposition and trial. The book and supplemental downloadable resources provide robust strategies ensuring that expert witnesses have the best possible advantage in presenting testimony that is credible, persuasive, and compelling.
| Author | : Steven Lubet |
| Publisher | : Aspen Publishing |
| Total Pages | : 251 |
| Release | : 2020-02-06 |
| Genre | : Law |
| ISBN | : 1601568711 |
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.
| Author | : Karen Postal |
| Publisher | : Oxford University Press |
| Total Pages | : 537 |
| Release | : 2019-02-04 |
| Genre | : Psychology |
| ISBN | : 0190467401 |
Following on the success of Feedback That Sticks (Oxford, 2013), Karen Postal demonstrates, through the words of forensic experts, how to translate complex, highly technical neuropsychological and psychological information for jurors in a way that is engaging, understandable, and (to quote Faulkner) sets the truth on fire. Testimony That Sticks shares the fruits of four years of in-depth interviews with over 70 seasoned forensic neuropsychologists and psychologists, as well as attorneys and judges, presenting what experts actually say on the stand: how they use compelling analogies, metaphors, and succinct explanations of assessment processes and findings, as well as principles of productive expert testimony for direct and cross examination. This book allows readers to be a fly on the wall as seasoned forensic neuropsychologists and psychologists share what they actually say on the stand: their best strategies and techniques for communicating science to juries and other triers of fact. Readers also have access to the thoughts of attorneys and judges as they watch expert testimony and weigh in on what works and doesn't, and what they need from the forensic neuropsychology and psychology professions to create more productive testimony. At its heart, the book shows how academics can shed their academic communication style learned in years of scientific training that results in the inability to communicate clearly and simply about psychology and neuroscience. This landmark book is about shedding jargon, giving academics permission to allow emotion to creep back into their language, freeing up body language, and using vivid, clear, language to create moments of genuine, productive communication with jurors and other triers of fact.
| Author | : Terence MacCarthy |
| Publisher | : American Bar Association |
| Total Pages | : 244 |
| Release | : 2007 |
| Genre | : Law |
| ISBN | : 9781590318867 |
Learn how to look good on cross, even when the witness is not cooperating. Learn how to manage and effectively minimize the witness's involvement, without appearing controlling, extracting, and insulting. Filled with illustrative cross examinations from actual cases, this book is your key to employing these proven techniques in your own practice. Using the three themes that run through out the book--looking good, telling a story, and using short statements--you can take control of your cross examinations and achieve the results you desire.
| Author | : Francis Lewis Wellman |
| Publisher | : |
| Total Pages | : 416 |
| Release | : 1904 |
| Genre | : Cross-examination |
| ISBN | : |
| Author | : Robert Horne |
| Publisher | : John Wiley & Sons |
| Total Pages | : 370 |
| Release | : 2013-10-28 |
| Genre | : Law |
| ISBN | : 0470655933 |
The role of the expert witness has long been important in the resolution of construction disputes. The specialist opinion brought by the expert can aid understanding and interpretation of the facts of the dispute, and may be influential in deciding the outcome. The variety of dispute resolution procedures and the requirement for the expert witness to be independent places a heavy burden on the parties to identify and instruct an appropriate expert, and on the expert to ensure they discharge their duty in the correct manner. The Expert Witness in Construction explains, in practical terms, the way in which experts work with particular reference to the construction industry. Within this book the Expert's role is explained in legal and practical terms as a progression from understanding the basic principles by which Experts can be identified, through appointment, to giving evidence before a tribunal. At every stage commentary is given to: help and guide professionals new to the arena of expert evidence; act as a resource for those already acting as Experts; assist party representatives looking for best practice guidance on the instruction of Experts; and provide parties to disputes information on what they should expect from the Expert they appoint to explain the issues in the case. Covering all the implications of identifying, appointing, instructing and relying on experts, it will help the reader to understand why experts are instructed in the way they are, how to identify the expert that is right for a particular case and how evidence should be presented. Written by a practicing lawyer and a consultant with extensive experience of acting as an expert witness, the requirements of both the lawyer and expert are discussed. As such, it will help both parties to understand each other resulting in a closer, more productive working relationship.
