Successful Expert Testimony

257 Pages·2018·9.546 MB·English

by  Max M. Houck, Christine Funk, Harold A Feder

LEGAL/FORENSIC SCIENCE H Fifth Edition
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Fifth Edition u
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Successful Expert Testimony | F
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A major revision of the landmark book on expert testimony Feder’s Succeeding as an | F
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Expert Witness, Successful Expert Testimony, Fifth Edition highlights the book’s value e
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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 S
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has been fully updated to present key information on the most vital topics, including
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the deposition, a discussion of false or unsupported testimony, adherence to scientific
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principles, and direct and cross-examination testimony of expert witnesses. Each chapter e
includes key terms, review questions, and thought-provoking discussion questions for s
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further consideration of the topics addressed. f
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Given many high profile cases and increasing incidents of misconduct, this edition l

focuses heavily on the role of ethics in expert testimony and forensic practice. The fully E
revised chapter on ethics covers unethical conduct of forensic witnesses, admissibility x
of expert testimony, inter-professional relations, abuse of and by experts, and forensic p
professional codes of ethics. e
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Key Features: t

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• Provides the history and development of expert witnessing in civil and criminal cases  e
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• Details landmark federal rulings on the use of expert testimony and their impact on
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the field of forensic science and in the courtroom  i
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• Presents relevant new cases since the last edition, citing notable news stories relating
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to forensic science and expert testimony  Expert Testimony
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• Includes an in-depth discussion of Brady issues, the independence of science, bias, y
and undue influence, and other dangers to one’s reputation 
• Explains the roles of judge, attorney, and jury, as well as how these professions
interact with the expert witness 
F Max M. Houck, PhD, FRSC
Offering useful career insights and established trial-tested tips, forensic scientist Max M. i
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Houck and attorney Christine Funk update renowned lawyer Harold A. Feder’s classic
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book. Successful Expert Testimony, Fifth Edition serves as an ideal reference for forensic E Christine Funk, Esq
science students entering the work force—in labs and investigative positions—in addition d
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to serving as a crucial resource for more experienced civil, private, and testifying experts ti Harold A. Feder
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in all disciplines. n
Forewords by
www.crcpress.com
CRC Press titles are available as eBook editions in a range of digital formats Peter Neufeld and Radley Balko
Successful Expert
Testimony
Fifth Edition

Successful Expert
Testimony
Fifth Edition
Max M. Houck
Christine Funk
Harold A. Feder
Copyright by Harlan Feder
CRC Press
Taylor & Francis Group
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Boca Raton, FL 33487-2742
© 2018 by Taylor & Francis Group, LLC
CRC Press is an imprint of Taylor & Francis Group, an Informa business
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Printed on acid-free paper
International Standard Book Number-13: 978-1-138-03358-0 (Hardback)
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Library of Congress Cataloging-in-Publication Data
Names: Houck, Max M., author. | Funk, Christine, author. | Feder, Harold A.,
author.
Title: Successful expert testimony / by Max M. Houck, Ph.D., FRSC, Christine
Funk, Esq., and Harold A. Feder.
Description: Fifth edition. | Boca Raton, FL : CRC Press, [2018] | Includes
bibliographical references and index.
Identifiers: LCCN 2018002861| ISBN 9781138033580 (hardback : alk. paper) |
ISBN 9781315305714 (ebook)
Subjects: LCSH: Evidence, Expert--United States. | Witnesses--United States.
Classification: LCC KF8961 .H69 2018 | DDC 347.73/67--dc23
LC record available at https://lccn.loc.gov/2018002861
Visit the Taylor & Francis Web site at
http://www.taylorandfrancis.com
and the CRC Press Web site at
http://www.crcpress.com
I’m dedicating this book to my parents for being so supportive
of my education. I owe what I have attained to them.
I am also dedicating this book to Jay Siegel, my teacher,
my mentor, my friend. His advice was invaluable over my
career and I miss him more than he would know.
This book is also dedicated to the narrow-minded, short-
sighted, ignorant nitwits who irritate me, much as sand does
oysters, to the point of productivity. I hope this is a pearl.
M.M.H.
To Jef, who believed in me from the beginning. For Madeleine,
whose skepticism and inquiring mind give me hope for
the next generation. And, finally, much gratitude to my
co-editor, Max, whose willingness to include me on madcap
adventures brings me great joy, expands my horizons,
and generally makes me a better person for it.
C. F.

Contents
Foreword xiii
Authors xxi
1 Expert Witnesses: An Overview 1
Key Terms 1
Introduction 1
History of Experts in Trials 4
Civil and Criminal Cases 7
The Criminal Justice Process 7
Discovery and Deposition 9
Preparation for Trial 11
At Trial 11
Conclusion 12
Review Questions 13
Discussion Questions 13
2 Methods, Testing, and Science 15
Key Terms 15
Introduction 15
Accreditation, Certification, and Standardization 16
What Is Science? 17
Formulating a Working Hypothesis 19
Use of a Standard Protocol 20
Published Method 20
Toward Admissibility 21
Conclusion 22
Review Questions 22
Discussion Questions 23
3 The Players 25
Key Terms 25
Introduction 25
The Attorney’s Role 26
vii
viii Contents
The Courts 28
The Judge’s Role 30
The Jury’s Role 31
Expert’s Role 32
Example of the Role of Scientist 33
Expert’s Role in Court 37
Thorough Analysis 37
Ability to Teach 37
Competence 38
Believability 38
Ability to Persuade 38
Enthusiasm 39
Conclusion 39
Review Questions 39
Discussion Questions 40
4 The Legal Context 41
Key Terms 41
Introduction 41
Discovery 41
The Discovery Components 44
The Expert and the Discovery Process 46
Criminal Case 46
Civil Case 47
Preparing for Deposition or Trial Testimony 49
Federal Rules of Evidence 56
General Rules Regarding Witness Testimony 57
Rules Regarding Expert Testimony and Opinion Testimony 58
Federal Rules of Evidence 702 and 703 59
Rule 702 59
Rule 703 60
Review Questions 60
Discussion Questions 61
5 Testimony 63
Key Terms 63
Introduction 63
Your Report 64
Preparation for Testimony and Communicating with Attorneys 66
Preparation for Testimony without Communicating 70
Demeanor, Dress, and Deportment 71
At Trial 73
Contents ix
Review Questions 75
Discussion Questions 76
6 Direct Examination of Experts 77
Key Terms 77
Introduction 77
Direct Examination and Strong Narratives 79
Important Points to Remember 81
Redirect Examination 88
Elements That Enhance Direct Examination 88
Be a Teacher 89
Creating Instructional Materials: A Global Approach 89
Creating Instructional Materials: A Concrete Approach 91
Presenting Complex Data 91
Review Questions 92
Discussion Questions 93
7 The Visual Display of Information 95
Key terms 95
Introduction 95
Visually Displaying Quantitative Information 96
Data-Ink 99
Chartjunk 99
Graphs, Graphics, and Comparisons in Court 101
Demonstrations: If the Glove Doesn’t Fit, You Must Acquit 105
Conclusion 107
Review Questions 107
Discussion Questions 107
8 Cross-Examination 109
Key Terms 109
Introduction 109
Cross-Examination: Friend or Foe? 110
Know the Attorney’s Goals 112
Laying Foundation 112
Cross-Examination Techniques 112
Making the Expert Their Witness 113
Attacking the Expert’s Field of Expertise 114
Attacking the Expert’s Qualifications 115
Attacking the Factual Basis for the Expert’s Conclusions 115
The Use of Hypotheticals 116