The Age of Expert Testimony


Book Description

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.




Model Rules of Professional Conduct


Book Description

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.







Expert evidence in criminal proceedings in England and Wales


Book Description

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.










United States Attorneys' Manual


Book Description




Forensic Testimony


Book Description

Forensic Testimony: Science, Law and Expert Evidence—favored with an Honorable Mention in Law & Legal Studies at the Association of American Publishers' 2015 PROSE Awards—provides a clear and intuitive discussion of the legal presentation of expert testimony. The book delves into the effects, processes, and battles that occur in the presentation of opinion and scientific evidence by court-accepted forensic experts. It provides a timely review of the United States Federal Rules of Evidence (FRE) regarding expert testimony, and includes a multi-disciplinary look at the strengths and weaknesses in forensic science courtroom testimony. The statutes and the effects of judicial uses (or non-use) of the FRE, Daubert, Kumho, and the 2009 NAS Report on Forensic Science are also included. The presentation expands to study case law, legal opinions, and studies on the reliability and pitfalls of forensic expertise in the US court system. This book is an essential reference for anyone preparing to give expert testimony of forensic evidence. - Honorable Mention in the 2015 PROSE Awards in Law & Legal Studies from the Association of American Publishers - A multi-disciplinary forensic reference examining the strengths and weaknesses of forensic science in courtroom testimony - Focuses on forensic testimony and judicial decisions in light of the Federal Rules of Evidence, case interpretations, and the NAS report findings - Case studies, some from the Innocence Project, assist the reader in distinguishing good testimony from bad




Digital Forensics for Legal Professionals


Book Description

Section 1: What is Digital Forensics? Chapter 1. Digital Evidence is Everywhere Chapter 2. Overview of Digital Forensics Chapter 3. Digital Forensics -- The Sub-Disciplines Chapter 4. The Foundations of Digital Forensics -- Best Practices Chapter 5. Overview of Digital Forensics Tools Chapter 6. Digital Forensics at Work in the Legal System Section 2: Experts Chapter 7. Why Do I Need an Expert? Chapter 8. The Difference between Computer Experts and Digital Forensic Experts Chapter 9. Selecting a Digital Forensics Expert Chapter 10. What to Expect from an Expert Chapter 11. Approaches by Different Types of Examiners Chapter 12. Spotting a Problem Expert Chapter 13. Qualifying an Expert in Court Sections 3: Motions and Discovery Chapter 14. Overview of Digital Evidence Discovery Chapter 15. Discovery of Digital Evidence in Criminal Cases Chapter 16. Discovery of Digital Evidence in Civil Cases Chapter 17. Discovery of Computers and Storage Media Chapter 18. Discovery of Video Evidence Ch ...




ABA Standards for Criminal Justice


Book Description

"Project of the American Bar Association, Criminal Justice Standards Committee, Criminal Justice Section"--T.p. verso.




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