NCJ Number
166133
Journal
International Journal of Forensic Document Examiners Volume: 2 Issue: 3 Dated: (July/September 1996) Pages: 214-219
Date Published
1996
Length
6 pages
Annotation
This paper presents a structured and detailed checklist that addresses a number of topics designed to assist scientists from different disciplines in preparing to testify as experts in criminal, civil, or other court-related proceedings.
Abstract
The major topics covered in the checklist are the engagement process, early investigation, preliminary report, formal discovery, the final report, final trial preparation, and trial testimony. Subjects listed under the "engagement process" are keeping current and competent, determining whether you are right for the case, the initial contact with the attorney, understanding the nature of the assignment, date and deadlines, compensation issues, and positive considerations. An outline of the "investigative process" focuses on people, places, and things; who, what, why, when, and where; the development of a standard protocol for the expert's investigative process; avoidance of selective fact-gathering; the development of a case plan; the use of action plans; and chain of custody. Topics under the "preliminary report phase" are a written or verbal report, the possibility of early termination, consulting or testifying status, language to avoid, staying flexible, and elements. Other sections of the checklist address the early stages of an investigation when exhibits are submitted to the expert and the expert's demeanor while on the stand testifying. Many questions are presented from the perspective of direct or cross- examination, enabling the expert to consider any and all avenues under which an attack on testimony may develop. This comprehensive list, if followed, will ensure that testimony can be delivered in a concise and orderly manner to the benefit of the court. Appended typical expert witness jury instruction