A Guide to Forensic Testimony

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

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.

Dissociative Identity Disorder in the Courtroom

Author: Naira R Matevosyan, Dr
Publisher: CreateSpace
ISBN: 9781494909970
Format: PDF, ePub, Docs
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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).

Forensic Testimony

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

Forensic Reports and Testimony

Author: Randy K. Otto
Publisher: John Wiley & Sons
ISBN: 1118420942
Format: PDF, Kindle
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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.

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

Author: NITA
Publisher: LexisNexis
ISBN: 1632814293
Format: PDF, Mobi
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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.

Capgras and Fregoli Syndromes in Criminal Justice

Author: Naira R. Matevosyan
Publisher: Createspace Independent Publishing Platform
ISBN: 9781544931289
Format: PDF, Kindle
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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, Docs
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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.

The Portable Guide to Testifying in Court for Mental Health Professionals

Author: Barton E. Bernstein, JD, LMSW
Publisher: John Wiley & Sons
ISBN: 0471735361
Format: PDF, Docs
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A one-stop guide to testifying in court for mental health professionals Even the most seasoned mental health professionals can find themselves unnerved by the prospect of appearing in court, especially when presented with it for the first time. Those in the mental health field usually have no formal preparation for testifying in court, even though they often play an important part in many types of cases. The Portable Guide to Testifying in Court for Mental Health Professionals provides a concise yet comprehensive guide for practitioners preparing to appear in court. The authors employ their combined decades of legal work in the mental health field to provide a clear, no-nonsense handbook of what to expect, how to prepare, and what to look out for when testifying in court. Along with a general introduction to courts and the legal system, the text details topics such as: * Testifying both as an expert and involuntary witness * Protecting clients when bringing therapy into testimony * Preparing for testimony * Tips to use and lawyers' tricks to look out for when testifying in court Throughout the book, Bernstein and Hartsell use detailed case studies to provide specific examples. In addition, "legal light bulbs" offer important tips and facts, and appendices list relevant Web resources and provide common legal forms. A one-of-a-kind resource, The Portable Guide to Testifying in Court for Mental Health Professionals gives a complete view of your role in courtroom proceedings, offering a vital tool for both legal and mental health practices.

Writing Forensic Reports

Author: Daniel P. Greenfield
Publisher: Springer Publishing Company
ISBN: 9780826121592
Format: PDF, ePub, Docs
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Despite the extensive technical literature on forensic mental health, there is a lack of practical guidebooks dedicated to generating clear and persuasive forensic mental health reports. Greenfield and Gottschalk present this practical handbook to address this critical need. This comprehensive guide outlines the proper format for forensic reports, contains multiple examples of full and partial reports, and is organized in a user-friendly, "how-to" style to accomplish its goal. The case overviews of full criminal reports, full civil reports, and civil summaries cover important topics such as domestic violence, malpractice, personal injury, malingering, and more. Key features: Full-length report samples with step-by-step guidelines explaining how each section of the report is done Designed to assist the novice, trainee, and seasoned forensic mental health practitioner Extensive commentaries and discussions following each case overview to convey how the report served to help resolve its case Extensive reference lists and appendices containing key terms, additional journals and periodicals, Internet resources, and assessment tools