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Methods of Attacking Scientific Evidence

NCJ Number
90626
Author(s)
E J Imwinkelried
Date Published
1982
Length
537 pages
Annotation
This text acquaints the neophyte attorney with the basic methods of attacking the admissibility and weight of opposing expert testimony.
Abstract
The introductory chapter addresses (1) the importance of knowing how to attack scientific testimony, (2) basic decisions relating to an attack on scientific evidence, (3) the importance of preparing for the attack, and (4) the necessity for a coordinated attack. Following a discussion of admissibility attacks in general, attention is given to admissibility attacks on testimony by the chain-of-custody witnesses, the teaching expert witness, the reporting expert witness, and the interpreting expert witness. In each of these chapters, various attack strategies are identified and described. After a chapter on weight attacks in general, subsequent chapters give instruction in weight attacks on (1) the scientist, (2) the theory or technique, (3) the facts or data analyzed, (4) the manner in which the scientist applied the theory or technique to the data in the instant case, and (5) the opposing scientist's opinion. Attacks under each of the aforementioned categories are classified and individually described. Chapter footnotes and a subject index are provided.

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