NCJ Number
78921
Date Published
1980
Length
27 pages
Annotation
The use of expert testimony in the defense of white-collar prosecutions is discussed.
Abstract
White-collar criminal trials usually involve such complicated issues that fact finders are unable to draw their own conclusions. Thus, testimony by expert witnesses in these cases is a combination of pure opinion testimony and demonstrative evidence. The uses to which experts' testimony is put in the prosecution of white-collar crimes is illustrated by cases involving handwriting experts, voiceprint experts, accountants, securities analysts, businessmen, and professionals. Defense counsel must often shop for experts. In choosing one, they should consider how good a witness the expert will be, how knowledgeable the expert will be, and whether the jury will like the witness. Academic and professional attainments are thus sometines secondary to matters of personality. Pretrial disclosures by a defendant to an expert retained by defense counsel specifically to help in trial preparation are privileged and may not be discovered by the prosecution as long as the expert is not called as a witness. The expert should assist in the preparation of the defense strategy. In the opening statement, defense counsel should be brief and should make general remarks asking the jury to keep open minds. The defense counsel should challenge the prosecution expert's qualifications during the voir dire, even though such challenges will probably be unsuccessful. The use of the hypothetical question can be a powerful tool for the defense during the questioning of an expert witness, although this question form is no longer required in all jurisdictions. Defense counsel should concede the prosecution expert's qualifications but should flaunt their own witness's qualifications. Although cross-examination of the prosecution's expert is similar to cross-examination of any hostile witness, it may be more complicated due to the technical language and the wealth of material available. The defense expert's testimony should be carefully prepared, with emphasis on an organized and detailed recitation of the witness's qualifications. Redirect examination of an expert witness should usually be avoided. Closing arguments may emphasize such issues as possible bias of the prosecution's expert or the greater probability of the defense theory than the prosecution theory. Facts adduced during the trial should support all closing arguments. Footnotes with references are provided. For related material, see NCJ 78913.