NCJ Number
61125
Date Published
1979
Length
114 pages
Annotation
GUIDELINES FOR MORE EFFECTIVE USE OF TESTIMONY, PARTICULARLY EXPERT TESTIMONY, BY PROSECUTORS OF THE STATE OF CALIFORNIA ARE PRESENTED; SPECIFIC AREAS OF EXPERTISE, SUCH AS TOXICOLOGY, ARE EMPHASIZED.
Abstract
THE PURPOSE OF THE REFERENCE WORK IS TO ASSIST THE PROSECUTOR IN OBTAINING A CONCISE UNDERSTANDING OF THE SCOPE OF EXPERT INVESTIGATIONS AND THE NATURE OF THE RESULTS WHICH MAY BE EXPECTED FROM THE LABORATORY INQUIRIES NORMALLY CONDUCTED BY TRAINED SPECIALISTS. GENERAL TOPICS ADDRESSED INCLUDE THE LAW, LAY WITNESSES, EXPERT WITNESSES, MISCELLANEOUS CONSIDERATIONS, AND SUGGESTIONS TO WITNESSES. THERE IS NO RIGID CLASSIFICATION OF EXPERT AND NONEXPERT WITNESSES, AND EXPERTS NEED NOT BE PROFESSIONALS. IT IS IMPORTANT TO REMEMBER THAT EXPERTNESS IS RELATIVE TO THE SUBJECT, AND ANY PERSON WHO HAS SPECIAL KNOWLEDGE, SKILL, OR EXPERIENCE IN ANY OCCUPATION, TRADE, OR CRAFT MAY BE QUALIFIED AS AN EXPERT IN HIS FIELD. THE EXPERT MAY GIVE HIS OPINION OF FACTS TESTIFIED TO BY OTHER WITNESSES, OF HYPOTHETICAL SITUATIONS, AND OF TEST RESULTS. SPECIFIC QUESTIONS WHICH SHOULD BE ASKED OF EXPERTS ARE PROVIDED. FOR EXAMPLE, A PHYSICIAN SHOULD BE ASKED QUESTIONS REGARDING HIS EDUCATIONAL BACKGROUND, LICENSES, MEMBERSHIP IN PROFESSIONAL GROUPS, TEACHING EXPERIENCE, AUTHORSHIP, HOSPITAL AFFILIATIONS, AND YEARS OF EXPERIENCE PRACTICING IN HIS SPECIALTY. QUESTIONS ARE ALSO SUGGESTED FOR SPECIFIC CIRCUMSTANCES OR SUBSTANCES AT ISSUE, SUCH AS HAIR, FINGERPRINT, AND GLASS ANALYSIS. OTHER SUBJECTS DISCUSSED INCLUDE BUSINESS RECORDS, DECLARATIONS MADE OUT OF COURT, AND MOTION PICTURES AND PHOTOGRAPHS. THE MANUAL IS A LOOSELEAF PUBLICATION. TABLES OF CASES AND AUTHORITIES ARE PROVIDED, AS WELL AS A TOPIC INDEX. (LWM)