Feder's Succeeding as an Expert Witness

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.

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