29th July 2010
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Book list
Expert Witness

Being An Effective Expert Witness: The Technologist in the Courtroom
Authors: Derek Smith
Publisher: Thames Publishing, 1993 - ISBN: 0905210948

This book begins with an introduction to relevant law and court procedures and the protection and licensing of intellectual property. Then the author describes what an expert witness does at each stage of the court process, including taking a case to court, process inspections and litigation experiments, expert reports, trial procedure, cross-examination, assistance to counsel, judgement, appeal and damages enquiry. Smith ends with a consideration of how to make the expert cost-effective, and some suggestions for the future role of the expert witness. Potential expert witnesses will find this book a useful introduction to the legal environment and the duties that they will be expected to perform.


Crime Scene to Court: The Essentials of Forensic Science
Authors: Peter White
Publisher: Royal Society of Chemistry, 1998 - ISBN: 0854045392

This book is aimed at non-scientists or those with limited scientific knowledge. It is intended for those studying forensic science or law and for teaching and training purposes. It covers the forensic examination of the crime scene in the UK, the principles of crime scene investigations and the importance of this work in a criminal investigation. Courtroom procedures are also covered along with the role of the expert witness. The latest methods and techniques used in crime scene investigation and forensic science laboratories are reported, with several cases presented to illustrate the above points. Each chapter includes a bibliography of further reading material. Authors of the various chapters include current members of the FSS, past members of the FSS and a former member of the Metropolitan Police Forensic Science Laboratory.

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Effective Expert Witnessing
Authors: Jack V. Matson
Publisher: CRC Press, 1998, Third Edition - ISBN: 1566703409

The third edition of this American book incorporates recent court rulings concerned with reliability, relevancy and admissibility of expert testimony, which have drastically altered the nature of expert witnessing and trial strategy. The author demonstrates the importance of the US Supreme Court ruling in Daubert v Merrill Dow Pharmaceuticals, which challenges attorneys to secure the services of experts who can survive the serious scrutiny of Federal and state judges performing a gate-keeping function to keep unreliable scientific testimony from judges.

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Expert Evidence and Criminal Justice
Authors: Mike Redmayne
Publisher: Oxford University press, 2001 - ISBN: 0198267800

As an increasing range of expert evidence becomes available to it, the criminal justice system must answer a series of challenging questions: should experts be permitted to give evidence on the credibility of witnesses? How should statistical evidence be presented to juries? What relevance does syndrome have to questions of criminal responsibility? In Expert Evidence and Criminal Justice, Mike Redmayne explores these issues. His exposition uses work from a number of disciplines, and draws comparisons with the law and procedure in several different jurisdictions. While developing a general overview of the use of scientific evidence in the criminal process, Redmayne make use of detailed examinations of particular issues, such as battered woman syndrome, fingerprinting and eyewitness expertise. Through an analysis of expert evidence, he also invites reflection on a series of wider issues, among them the function of exclusionary rules and the nature of case construction.

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Expert Witnessing: Explaining and Understanding Science
Authors: Carl Meyer
Publisher: CRC Press, 1999 - ISBN: 0849311977

Meyer presents results based on first-hand experience that the cultural and interdisciplinary communications barriers between science and law can be greatly reduced to everybody's advantage if the parties understand and respect each other's needs and positions. Meyer begins with an overview of the nature of the problem and the setting in which interaction occurs before moving on to a discussion of the fundamental differences between science and law and the cultural barriers between scientists and physicians that can adversely affect their co-operation over proof of injury. The book also covers the differences in the use of experts between the civil law countries of continental Europe and the US common law system. Other topics include the nuts and bolts scientists need to communicate effectively at trial, hidden traps in dealing with epidemiological data, exposing logical errors in medical diagnosis and the translation of scientific issues into common sense language.

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Interpreting Evidence - Evaluating Forensic Science in the Courtroom
Authors: Bernard Robertson and G.A. Vignaux
Publisher: John Wiley & Sons; 1995 - ISBN: 0471960268

Written by two New Zealanders this volume describes the principles of interpretation which are applicable to all forms of scientific evidence. It is a first for explaining modern methods of interpreting scientific evidence for lawyers and scientists alike. Case studies illustrate the operation of the principles of interpretation and also show how the problems which arrive in certain cases can be avoided. In addition the authors expose some common fallacies which exist in forensic science cases and consider some specific types of scientific evidence in the light of their analysis.

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Speaking as an Expert: a Guide for the Identification Sciences from the Laboratory to the Courtroom
Authors: Stephen C McKasson and Carol A Richards
Publisher: Charles C Thomas, 1998 - ISBN: 0398068402

This book is intended to be an introduction to the theory and methods of identification science, covering how the science works, what theories and principles demonstrate that it works, and how an identification scientist becomes an expert witness who can give evidence about such things. The first chapter covers the authors' backgrounds and an overview of the science. The second chapter discusses the meaning of identification while the third focuses on the reduction of identification to structures. The authors then move on to describe how to interpret the science of forensic identification for court testimony. This book includes an extensive glossary, a bibliography and an index.


The Art of Cross Examination
Authors: Francis L. Wellman
Publisher: Touchstone, 1997, Fourth Edition - ISBN: 0684843048

For sixty years this work has reigned supreme in its field. It has instructed generations of budding lawyers, renewed the resources of courtroom veterans, sharpened the skills of interviewers, social workers, psychologists and other professionals who use questioning in their day-to-day work. It has also entertained thousands of general readers who delight in the drama of the trial.

Drawing upon his own experiences and upon the brilliant achievements of many notable lawyers, Wellman explains and exemplifies the principles of questioning. He quotes extensively from many memorable cases, using them to illustrate both the manner and matter of cross-examination. He takes up the handling of the perjured witness and the expert, he underscores the importance of sequence, and he offers many insights into the psychology of the witness. He shows how knowing when to elicit information - and when not to - are part of the artistry of the advocate.

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The Expert Witness
Authors: Jean G. Hall and Gordon D. Smith
Publisher: Barry Rose Law Publishers, 3rd Edition, 2001 - ISBN: 1902681266

The principal aim of this book is to provide guidance and encouragement for the expert who is a newcomer to personal participation in legal proceedings in his or her professional role. The book begins with a chapter on the emergence of the expert witness, the Access to Justice report, and the appointment of experts. Then the authors describe how an expert witness should write their written report and the rules of evidence, including hearsay evidence, before moving on to consider the roles of expert witness when in the witness box, when acting as advocate and during arbitration cases. An outline of civil proceedings, civil court hearings and criminal court hearings is also included. At the end of the book, a description of the liability and integrity of the expert witness is followed by a chapter on the specialised area of the psychiatrists in a mental health tribunal and a template for an expert witness report.

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The Scientific Expert in Court: Principles and Guidelines
Authors: Richard C. Froede
Publisher: American Association for Clinical Chemistry, 1997 - ISBN: 0915274930

This American guide tells the reader how to respond to a subpoena, prepare for an interview, affidavit, deposition or trial and how to be a successful witness. Included are an example of a subpoena, checklists for trial preparation and billing and a glossary of common legal terms. Legal jargon is avoided. Contents include: types of witnesses and the nature of expert testimony, introduction to evidence, the courtroom scene, trial preparation, courtroom testimony, types of examination of expert witness, guidelines for the expert witness and angles of attack on expert testimony.


The Toxicologist as Expert Witness: A Hint Book for Courtroom Procedure
Authors: Arthur Furst
Publisher: Taylor and Francis, 1996 - ISBN: 1560325313

Many toxicologists do not have the experience to testify effectively, nor do all lawyers know how to deal with scientists on the stand. This unique guide was written to provide the necessary hints so that the toxicologist can be the most effective witness possible. Based upon the author's extensive courtroom and scientific experience, the chapters cover pre-trial, trial and post-trial issues.


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