A Guide to Forensic Testimony

Author: Fred Chris Smith
Publisher: Addison-Wesley Professional
ISBN: 9780201752793
Format: PDF, ePub, Mobi
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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.

Dissociative Identity Disorder in the Courtroom

Author: Naira R Matevosyan, Dr
Publisher: CreateSpace
ISBN: 9781494909970
Format: PDF, ePub
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Dissociative identity disorder (DID) is a rare disease for what general practitioners have “no code.” It however has a heavy weight in forensic research. Experts are divided on whether DID warrants an acquittal for "not-guilty-by-reason-of-insanity" (NGRI) defense. Over the past century, DID has been raised to defend a variety of offenses, from a parking ticket to the first degree murder, or to manipulate with the civil suits for monetary relief. Applying traditional rules of criminal culpability or civil liability to these cases poses a significant challenge. The concepts of personhood and identity create a havoc in determining the insanity. Diagnostic exclusions are scarce, with exceptions of the explicit memory transfer to be the key to deny the dissociated identity, whereas the absence of implicit memory transfer helps to think of personality dissociation. Retrograde amnesia comes to be a central symptom and with its variations it helps to differentiate the alters of identity from the alters of personality. There is currently no consensus within the USA legal system as to the extent to which individuals with DID can or should be held responsible for their actions. Courts that are receptive to the DID diagnostic construct have used one of three approaches to assess criminal responsibility in such cases: "alter-in-control approach," "each-alter approach," and "host-approach." Amidst the above complexity, the legal system must also deal with potentially conflicting mental health testimony, especially given enduring controversies about the DID diagnosis. DID challenges the Model Penal Code hierarchy of mens rea (purpose, knowledge, recklessness, negligence), the concept of evidence, material facts, and estoppel of duress.From the Frye test, witness categories (educating, reporting, interpreting), types of evidence (bolstering, attacking, rehabilitating), malinger and credibility of testimony, to the outcomes of adjudications, this book presents a value-adding comprehensive guide on the court-visited criminal and civil cases when one of the parties claim for suffering a DID.Equipped with 153 references, it also provides with an exhaustive analysis of 21 adjudications, inclusive for their legal rules and limits, precedents, first impressions, overrides, dicta, certiorari, dispositions, verdicts, remedies, holdings and reasoning, pursuant to the Constitutional or statute enactments in the United States and District of Columbia.Presented cases are located via LexisNexis,™ BlueBook, and Bloomberg Law. All published cases are free for public access under the U.S. Health Insurance Portability & Accountability Act (HIPAA), 14th Amendment Due Process Clause, and the Digital Millennium Copyright Act (DMCA).

Genetic testimony

Author: Charlotte Spencer
Publisher: Benjamin-Cummings Pub Co
ISBN:
Format: PDF, ePub, Mobi
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The book explains the subject of modern DNA profiling in straightforward language, and is aimed at readers with little background in science or biotechnology. A valuable resource for people needing to be informed about the methods, uses, and shortcomings of DNA profiling, it introduces basic concepts of genetics and biotechnology in the context of one of the most important developments in modern criminal investigation.This book raises controversial questions about the uses and potential misuses of DNA forensics; and illustrates issues by presenting recent criminal cases involving DNA profiling.A useful reference for law offices, legal clinics, law enforcement, defense lawyers, prosecutors, judges and the media, as it provides basic explanations of the science of, and issues surrounding, DNA forensics.

Forensic Testimony

Author: C. Michael Bowers
Publisher: Academic Press
ISBN: 0123972604
Format: PDF
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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

Expert Testimony A Guide for Expert Witnesses and the Lawyers Who Examine Them

Author: NITA
Publisher: LexisNexis
ISBN: 1632814293
Format: PDF, Docs
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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, Third Edition as your guide. Elizabeth Boals and Steve Lubet coauthored the Third Edition of Expert Testimony: A Guide for Expert Witnesses and the Lawyers Who Examine Them expanding and amplifying the original book with: • New guidance on the development and presentation of expert testimony in the digital age, including discussion of visual aids and electronic discovery • Updated analysis of the Federal Rules of Evidence and Federal Rules of Civil Procedure • Updated discussion of the ethical rules governing expert retention and testimony • Examples of expert witness examinations and detailed discussion of techniques for coping with lawyer questioning • Checklists for quick reference The collaborative effort of Professors Lubet and Boals has resulted in a Third Edition that is worthwhile to both the expert witnesses and the lawyers who examine them. The eBook versions of this title feature links to Lexis Advance for further legal research options.

Forensic Reports and Testimony

Author: Randy K. Otto
Publisher: John Wiley & Sons
ISBN: 1118420942
Format: PDF
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Forensic Reports & Testimony: A Guide to Effective Communication for Psychologists and Psychiatrists provides a roadmap for the mental health professional who wants to provide consistently accurate, defensible, and useful reports and testimony to the legal system. Authors Randy K. Otto, Richart L. DeMier, and Marcus Boccaccini, recognized experts in the field, cover all aspects of the process, including preparing affidavits and reports, preparing for depositions, and testifying. Every written or spoken communication for the courts must be clear and precise, and distinguish between facts, inferences, and opinions. This book uniquely: •Shows the critical differences between forensic psychological reports and the clinical reports psychologists and psychiatrists are accustomed to writing •Includes and explains important maxims of forensic report writing, including separating facts from inferences, focusing on offering expert opinions, explaining why you think what you think, and connecting the dots between facts and conclusions •Provides numerous examples of experts’ testimony, affidavits, reports-with commentary and critiques Expert forensic work deserves to be presented in a clear, precise, and understandable way so that it is useful to attorneys, judges, and juries. Forensic Reports & Testimony provides the guidelines and models forensic psychologists and forensic psychiatrists need to make that happen.

Capgras and Fregoli Syndromes in Criminal Justice

Author: Naira R. Matevosyan
Publisher: Createspace Independent Publishing Platform
ISBN: 9781544931289
Format: PDF, Mobi
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Ethical integrity of criminal law seems to necessitate at least some provisions of heightened scrutiny in assessment of insanity claims for the individuals who - as the result of mental illnesses involving prosopagnosia and reduplicative paramnesia - act in a way they do not perceive to be wrong. This study informs a more differentiate approach to the ill intent (or formation of requisite intent) - a legitimate objective of the fair deterrence. Accurate diagnostics of the offenders with delusional misidenitifaction syndromes would include careful assessment of comorbidity, brain trauma, organic psychosis (Lewy body disease, frontal brain tumor, pituitary tumor, cerebral amyloid angiopathy, spino-cerebral ataxia, Parkinson's disease, Prion disease, Huntington's disease), epilepsy and postictal delirium, cerebrovascular disorders (hemorrhagic or ischemic stroke, arteriovenous malformations, Moyamoya disease, atherosclerosis, carotid artery stenosis), other severe mental illnesses (paranoid schizophrenia, schizoaffective disorders, bipolar depression, obsessive -compulsive disorder, generalized anxiety disorder), pharmacokinetic induction (Ketamine), cerebral metabolic disorders, postpartum psychosis, genetic mutations (E1A binding protein, P300), biological age of the offender. Often, the psychognomic inventories employed by the expert-witnesses lack in the construct, external, concurrent, and discriminative validity; as well as test-retest reliability - leading to the poorly informed and unidimensional solutions. A more accurate assessment of the offenders with Capgras or Fregoli syndromes would include: MRI or CT scan to map the hippocampal atrophy and varying amounts of the increased T2-weighted signals in subcortical and periventricular white matter, voxel-based morphometry of the right frontal gray matter, fusiform gyrus and Brodmann speech area-37, tractography of the face processing circuitry and occulomotor processing speed. Test utilized by the Courts for trying sanity and volition (ALI, M'Naghten), or justifying a death sentence when the defendant does not understand the reason for imminent execution (Sell factors, Panetti or Alleyne tests), should appreciate differences between the mental capacity and competence - the requisites of autonomy in making decisions, self-incrimination, as well as separation of the wrong from the right.

A Guide to Forensic Accounting Investigation

Author: Steven L. Skalak
Publisher: John Wiley & Sons
ISBN: 1118017714
Format: PDF, Mobi
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Recent catastrophic business failures have caused some to rethink the value of the audit, with many demanding that auditors take more responsibility for fraud detection. This book provides forensic accounting specialists?experts in uncovering fraud?with new coverage on the latest PCAOB Auditing Standards, the Foreign Corrupt Practices Act, options fraud, as well as fraud in China and its implications. Auditors are equipped with the necessary practical aids, case examples, and skills for identifying situations that call for extended fraud detection procedures.

Veterinary Forensics

Author: Ernest Rogers
Publisher: CRC Press
ISBN: 1351649469
Format: PDF, ePub, Docs
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Veterinary Forensics: Investigation, Evidence Collection, and Expert Testimony will provide anyone involved in an investigation of an animal involved crime or civil action with the knowledge and tools that can give guidance for their actions in completing a forensic investigation. All 50 U.S. states, and numerous countries around the world, have laws against animal abuse and cruelty. Law enforcement agents, veterinarians, the judiciary, attorneys and forensic scientists may be involved in cases of animal cruelty, neglect or human crimes that may have an animal element. Additionally, the animal can be the victim, suspect or in some instances the witness of a crime. Given that acquittal or conviction is dependent upon the nature and veracity of the evidence, the quality of the evidence in an animal-related crime investigation must be beyond reproach. The book begins with a discussion of?animal abuse and crimes against animals, crime scene investigation, and, from there, discusses various types of forensic examinations of the animal, culminating in a review of the judicial system and testimony in a court of law. All contributing authors are practicing professionals in law, veterinary medicine, and the private sector who provide current, best-practice evidence collection and forensic techniques. Chapters provide in-depth detail about the forensic clinical examination and forensic necropsy of small and large animal species, forensic radiology, forensic toxicology, bitemark analysis and animal behavior. Various, relevant forensic disciplines such as bloodstain pattern analysis, DNA analysis, animal sexual abuse, agroterrorism, animal hoarding, ritual crimes against animals, and animal fighting are discussed. Key Features: Presents established and accepted police techniques in animal crime scene investigation including identification, documentation and packaging of physical evidence and scene photography and videography Includes essential techniques to collect and preserve biological and DNA evidence for animal DNA testing Review of the forensic clinical examination and forensic necropsy of small and large animals Provides methods of evidence presentation in the courtroom, the nature of court room testimony, and the development of an expert report Veterinary Forensics: Investigation, Evidence Collection, and Expert Testimony fills the void of applied, real-world investigative techniques for the collection and presentation of veterinary forensic medical and scientific information. It will be a welcome reference to both the student and professional in the understanding all relevant evidentiary, investigative, and legal elements of the discipline.

Children s Testimony

Author: Michael E. Lamb
Publisher: John Wiley & Sons
ISBN: 1119996155
Format: PDF, Docs
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The second edition of Children’s Testimony is a fully up-to-date resource for practitioners and researchers working in forensic contexts and concerned with children's ability to provide reliable testimony about abuse. Written for both practitioners and researchers working in forensic contexts, including investigative interviewers, police officers, lawyers, judges, expert witnesses, and social workers Explores a range of issues involved with children's testimony and their ability to provide reliable testimony about experienced or witnessed events, including abuse Avoids jargon and highly technical language Includes a comprehensive range of contributions from an international group of practitioners and researchers to ensure topicality and relevance