Book Description
Expert witnesses have traditionally faced enormous challenges in the courtroom. The Daubert decision and the more recent Kumho ruling have further intensified the scrutiny on professionals in all disciplines expressing their expert opinions. Effective Expert Witnessing, Fourth Edition broadens the scope of previous editions by featuring case studies and examples from a wide range of disciplines including psychology, medicine, forensics, toxicology, engineering, and environmental science. It presents legal survival strategies needed by expert witnesses in all fields by addressing the impact of the recent rulings regarding expert testimony. The fundamentals of the litigation process are thoroughly presented, with chapters on the pre-trial process, trial preparation, and the courtroom drama.
Book Description
"I found the book extremely interesting and informative. I was particularly impressed with the practical advice given in the text, advice that is not often found in the legal literature. . . . The writing is clear and compelling, and Paul Stern's style is perfect: he entertains as he educates." --Thomas D. Lyon, The Law School, University of Southern California, Los Angeles Called upon to educate courtroom decision makers, the expert witness provides testimony that is critical to achieving intelligent and just verdicts. Few judges and jury members possess the knowledge base needed to adequately understand complexities of human behavior as they relate to acts of interpersonal violence. While the lay witness can testify to actual incidents or observations, it is the "expert witness" who can provide forensic significance to such evidence. With this vital insight, courts can more accurately assess and weigh evidence, leading to more informed and appropriate decisions. Timely and accessible, The Preparation and Presentation of Expert Testimony clearly defines the need for and role of expert witnesses in litigation. Author Paul Stern demystifies the process while providing practical, stepwise guidance for those who want to prepare and present expert testimony with confidence and clarity. Beginning with discussions of the who, what, and why of expert testimony, the book also defines the role of the expert, including ethical and professional issues that may arise. Filled with tips, techniques, and case examples, chapters also show expert witnesses and attorneys how to prepare for court, how to present testimony in the most convincing and credible manner possible, how to deal with cross-examination, and how to cross-examine irresponsible expert witnesses. Anyone who may be called upon to testify--or participate in court in any way--in cases of interpersonal violence will find this book an invaluable resource. In particular, mental health professionals, medical personnel, scientists, investigators, attorneys, and judges will want to use the book to prepare themselves for the rigors involved in every aspect of expert testimony.
Customer Reviews:
An essential guide.......2000-03-13
This book is a must-read for anyone who employs or cross-examines expert witnesses. And, frankly, anyone who might be called upon to give expert witness testimony would be well-advised to read it as well.
Stern's book is thorough, covering every aspect of expert witness testimony, and is full of specific ideas that can be applied in court. Best of all, it's far from the tedious read of the typical legal text. Stern mixes entertaining real-life examples, and a sense of humor, into his informative text.
Highly recommended.
Great Resource.......2000-03-06
As a mental health professional dealing with court issues both for myself and colleagues, this book has been a great resource. The information has enabled us to enter a courtroom with much more confidence and much less anxiety. Mr. Stern's work has helped to make sense of an often frustrating and confusing experience.
Worried about expert testimony? This will help........2000-03-02
This is a jewel of a book. Mr. Stern follows his own advice: know your literature, know your audience, and speak English. As a forensic nurse and educator, I would recommend this book to any examiner who is about to face the rigors of courtroom testimony.
A Wealth of Reference Information.......1999-12-12
Mr. Stern presents a well assembled, logical, and (even) entertaining collection of information for anybody that is touched by any aspect of child abuse litigation. The book is well rounded enough to be useful for students as well as field practitioners. I'd like to see him tackle other areas of criminal law and (especially) the case preparation aspects.
Average customer rating:
- Facts not speculation
- A Little Disappointed
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Applying Statistics in the Courtroom: A New Approach for Attorneys and Expert Witnesses
Phillip I. Good
Manufacturer: Chapman & Hall/CRC
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Statistical Science in the Courtroom
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Statistics and the Law
ASIN: 1584882719 |
Book Description
This publication is directed at both the attorney and the statistician to ensure they will successfully apply statistics in the law. The attorney will learn how best to utilize statistics while gaining an enriched understanding of the law on audits, jury selection, discrimination, environmental hazards, evidence, and torts as it relates to statistical issues. Statisticians will learn that the law is what judges say it is and to frame their arguments accordingly. Applying Statistics in the Courtroom: A New Approach for Attorneys and Expert Witnesses will increase the effectiveness of both the attorney and the statistician in presenting and attacking statistical arguments in the courtroom.
Customer Reviews:
Facts not speculation.......2001-10-19
This text presents a realistic view of the role of statistics in the courtroom. While obviously intended to introduce statistics to attornies, it provides statisticians such as myself with a clearcut view of what works and what doesn't work in a courtroom setting. Recommended both for attornies who want to brush up or relearn their statistics to get the most out of a statistician, and statisticians who want to develop productive working relationships with attornies.
For a comprehensive review, see Technometrics for May 2002, p185.
A Little Disappointed.......2001-10-13
I was a little disappointed that the book did not elaborate a little more on the specific cases cited as examples. Most of the time it just indicates if a particular case either set a precedent or was a counter-example to a precendent, and then gives a footnote reference to legal documents. The book reads too much like a synopsis of a legal library. When statistics is discussed, it is an elementary exposition of basic concepts. What I wanted was lucid examples of how these basic concepts actually made a difference in legal cases. I did not get that from this book. This was the first book on statistics and law that I bought and read, so I don't know how to compare it to others. But I will select and try another to see if what I am looking for is out there.
Average customer rating:
- An excellent book
- A MUST --Makes the difficult areas of Cross-Examination easy
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Coping With Cross-Examination and Other Pathways to Effective Testimony
Stanley L. Brodsky
Manufacturer: American Psychological Association (APA)
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The Expert Expert Witness: More Maxims and Guidelines for Testifying in Court
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The Expert Witness: A Manual for Experts
ASIN: 1591470943 |
Customer Reviews:
An excellent book.......2004-12-10
I have just finished reading Stanley Brodsky's Coping With Cross Examination. I absorbed it like a sponge. Although most of the book is devoted to testimony by mental health experts in criminal court, there is much in the book that is very relevant in other contexts. I have rarely been asked or required to testify in criminal cases, but I have provided expert medical testimony at hundreds of Social Security disability appeals hearings, complete with judge and lawyer. In that role there is often conflicting evidence and the expert must integrate all of the relevant evidence, and most importantly be prepared, professional, impartial, and provide relevant understandable testimony. Dr Brodsky's book clearly speaks to those points. The book is full of good examples, good humor, and good reasoning. It is the kind of book that I am likely to consult again to help me in my work. I highly recommend this book to any mental health professional who may be asked to provide sworn testimony. I also recommend it to those who may not testify but who may be retained by lawyers for evaluations or consultations. Dr. Brodsky's ethics are superb. This book is a very practical and helpful guide to working with lawyers and judges.
A MUST --Makes the difficult areas of Cross-Examination easy.......2004-03-06
This is the third installment. In plain language, the author tackles many difficult cross-examination issues. The author uses easy to understand examples to illustrate complex litigation processes and skills that the expert witness must master before taking the stand. As a lawyer, I highly recommend this book to anyone interested in expert testimony. I give this book my highest rating. Also, check out the other two books on expert testimony by the author.
Customer Reviews:
Great Information For Criminal and Civil Case Forensics.......2005-02-06
There are many books on computer forensics investigations and incident response, but you won't find too many that tell you what you need to know to take the results of those forensic investigations and make it stand up in court. A Guide to Forensic Testimony (The Art and Practice of Presenting Testimony as an Expert Technical Witness) is an excellent book on this subject. Fred Chris Smith and Rebecca Gurley Bace share their knowledge and experience of the legal system and what it takes to make your computer forensic evidence stand up in court and what you need to do to sell yourself as an expert witness and stand up to cross-examination. The book covers a lot of legal technicalities as well as ethical and professional issues.
(...)
Leads through a legal minefield.......2004-06-29
After reading this book - more than once, I might add, I came away with a few impressions:
(1) Law and the legal domain are as logic-driven as the IT profession for which this book is written.
(2) What may make perfect common sense to a non-legal professional is not necessarily in line with the legal view.
(3) The scope of this book goes far beyond how to present forensic testimony as an IT security professional.
The authors establish a context for what it means to be an expert witness, and the basics (testimony, key cases to lay groundwork, and illustrating examples).
By chapter 4, Understanding the Rules of the Game, you may find yourself mired down in more detail than you think necessary; however, it is within the morass of details where you'll start to see the complexity of the legal process. And complex it is. The dissection of key cases, how experts made a difference (either way), and cited cases that show how the law is evolving are necessary background information for any IT professional, either as an expert witness, as a plaintiff, or as a defendant.
If you do wind up in court as a witness (expert or not) in a security, contract or other case (criminal or legal), turn to chapters 9 (testimony), 11 (demeanor and credibility), and 12 (non-verbal communication). These will quickly prep you. If you are going as an expert witness I advise you to cram, especially every chapter starting with Chapter 5.
Who else should read this book? Any IT professional who is involved with contracts, quality, consulting, or product development. Chances are you may wind up in court at some point, and this material is as applicable in many cases to anyone called as a witness as it is to expert witnesses.
While this book is not easy to plow through, and the details may seem to fine-grained or to overwhelming, it will prepare you for your day in court.
Very good book, but a bit wordy........2003-09-03
This is a very good book, but a bit wordy.
The authors go into a lot of legal detail. If you are not a lawyer, you can skip these sections, which make up about a third of the book.
But besides that, it is a very good book.
Slow Starter.......2003-07-26
I was given this book as a door prize. As a result I found it a slow starter and was unable to complete the book. However the book is well written and easy to understand. It was also entertaining to read some of the examples of court proceedings. I am sure that if this had been a book I was interested in enough to buy or seek out I would have found it both enjoyable & helpful.
Very comprehensive guide.......2002-12-21
This book might sound like the most boring security book that was ever written. It is also full of confusing and hard to read
legalese. However, security professionals that might have to deal with law enforcement due to various information security incidents (that means everybody, sooner or later) will have to buy and read it anyway and will be happy they did. The content of the book is simply exclusive. Many of the security books simply collect stuff found on the Internet and package it together - this book shines like a solid gold of unique author's experiences and research.
The interesting thing that while the book tries to convince the reader that doing expert testimony on computer security subjects might be a good thing, it is not clear that every reader will indeed be convinced of that upon reading it. The whole legal system thing is just too big and very different from other IT security professional responsibilities, so that the book might actually project the opposite impression - namely, don't mess with it. The "duty" might not be motivating enough to take a stand and testify, suffer from cross-examination, etc. Understandably, it might be good for professional reputation. It also sees from the book that such reputation can also be destroyed by the expert testimony.
The book first provides a complete history of expert testimony in
various fields, naturally leading the reader to the computer security case. The authors (Rebecca Bace is a renowned expert in the field of security) have clearly done their homework extremely well and managed to present their findings just as well.
The coverage of relevant material seems to be exceptional as
well. Relationship with lawyers, with police, other government bodies, pseudo scientists is all covered in the book.
The book also has many real-life examples, such as from 'US vs
Microsoft' and other recent and famous cases where IT and infosec were involved. It also has some fun fictitious examples, such as 'An Expert's Dream' and 'An Expert's Nightmare' cases, that illustrate the pitfalls of the process.
Overall, its not a fun book to read, but if you find yourself needing to face the courtroom - there is probably no better resource to prepare.
Anton Chuvakin, Ph.D., GCIA is a Senior Security Analyst with a major information security company. His areas of infosec expertise include intrusion detection, UNIX security, forensics, honeypots, etc. In his spare time he maintains his security portal info-secure.org.
Average customer rating:
|
Take the Witness: The Experts Speak on Cross Examination
Manufacturer: JurisNet, LLC
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ASIN: 1929446713 |
Product Description
This volume is designed for educating lawyers who are starting their trial practice and by suggesting to seasoned ones more effective approaches. But all of who are acquainted with the drama of the courtroom, from theater, films and Court TV, and reading the words of the experts and the stories of their triumphs (and sometimes disappointments) Take the Witness makes for entertaining and stimulating reading for laymen and lawyers alike.
Average customer rating:
- Understanding Malpractice Suits
- Trials of an Expert Witness by Klawans
- Interesting stories of medical malpractice trial cases.
- Fantastic MD's eye view of medicolegal issues
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Trials of an Expert Witness: Tales of Clinical Neurology and the Law
Harold L. Klawans
Manufacturer: Little Brown & Co (T)
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ASIN: 0316496839 |
Customer Reviews:
Understanding Malpractice Suits.......2004-12-20
Dr. Klawans protected the patients and lawyers in these cases by keeping them anonymous in this very readable book. There is no index. Chapter 1 tells how he became an expert witness when treating a patient as a neurologist. Chapter 2 tells of a sad case on iatrogenic water intoxication. Most malpractice cases involve average doctors who made a mistake (p.38). Chapter 3 tells why you have to ask the right questions to get the right answers. Chapter 4 discusses the EEGs of Jack Ruby. The importance of winning for an expert witness is in Chapter 5. One of the most important chapters is on carotid stenosis in Chapter 6. Chapter 7 explains the importance or reading labels on laundry products and following their instructions. "Therapeutic Misadventure" is explained in Chapter 8; did Dr. Parks refer Mrs. Schwartz to Dr. Cooper by mistake? Sleep drunkenness is explained in Chapter 9, and its consequences (pp.136-137).
Chapter 10 tells of a woman who had difficulty falling, she said. The rare third-nerve injury is explained in Chapter 11, and the difference between fiction and a scientific article. Chapter 12 tells of the Trial of Dan White, who shot the San Francisco mayor and another politician. The trial record has been impounded! Chapter 13 explains tardive dyskinesia, an iatrogenic disease caused by long-term exposure to drugs used to treat schizophrenia. No treatment may mean years of psychosis. If you want to know the reason for malpractice suits, read Chapter 13. It has both the good and the bad. Chapter 14 examines the "insanity" of Ezra Pound. Dr. Klawans does not appreciate the reactionary politics of that era. If a woman uses birth control pills, smoking increases the chances of having a stroke. This can create aphasia (Chapter 15).
Chapter 16 explains the disease dystonia. Dr. Klawans explained how hysteria could be mistake for this disease when the patient could gain from this disease. Could somebody escape from the police by checking into a hospital room as an AIDS patient (p.245)? The dangers of lead poisoning for children are documented in Chapter 17. Drugs, as well as premature birth, can affect a child's brain permanently. The dangers of smoking too much too long are described in Chapter 18. This is one cause of emphysema. This leads to a buildup of blood CO2 levels. But the real cause of death was human error (p.271)! The last chapter tells of a woman who had an accident in a federal office building, and began to feel tired and sleepy a lot (a common sigh of depression). The clothes worn by Dr. Klawans swayed the federal judge! Is this a warning against an inquisitorial system where the judge is also the jury?
Trials of an Expert Witness by Klawans.......2004-01-23
This text is an excellent reference which contains many
cases on clinical malpractice . The author details the
facts of each case and presents legal outcomes together with
the individual stories behind each legal complaint. This book
is a goldmine for anyone even considering the formulation of
a legal claim against a doctor or institution. The author
explains many of the fine legal nuances in plain English.
Here is a typical sample:
"The jury gave Mrs. Cook over one million dollars. It was the
first malpractice case in which TD resulted in a million-dollar
verdict for the plaintiff. It was not all that much money, considering the outcome. Mrs. Cook has severe contorting movements that she cannot control. There are no medicines that can help her. The standard ones we use reserpine and tetrabenazine, tend to cause severe depression in susceptible individuals. And no one could be more susceptible than Mrs.Cook."
Interesting stories of medical malpractice trial cases........2000-05-02
If anyone is interested in reading about a physician(neurologist) who has learned the ropes of the court system and whoentertains the reader with forensic medical tales, this is the book to read and savor. Although Dr. Klawans is a frequent medical expert witness for both sides of the versus, he does not hesitate to use the term "hired gun" for impartial medical experts and minces no words in describing the shortcomings of the tort system. In case after case, Dr. Klawans describes how the system works as he plays the role of expert for both plaintiffs and defendants in medical malpractice cases. I recommend this book particularly for physicians who need a distraction from the present travails of corporate socialized medicine (managed care). It will also help them get through the ropes of the court system, if and when he or she is summoned to participate in courtroom proceedings and chances are, he or she will!
Miguel A. Faria, Jr., M.D., Editor-in-Chief of the Medical Sentinel of the Association of American Physicians and Surgeons (AAPS) and author of Medical Warrior: Fighting Corporate Socialized Medicine.
Fantastic MD's eye view of medicolegal issues.......2000-04-25
As a newly-trained neurologist, I was fascinated by these tales of neurology and the law, from both plaintiff's and defense's viewpoint. Though the stories are dated, the general principles are all too true, and teach physician and patient alike why lawsuits occur.
Customer Reviews:
TESTIMONY.......2007-10-08
This is an excellent resource for the professional who has had no or limited experience in testifying regarding child sexual abuse matters (or, for those who have had negative experiences). The author provides background and recommendations for testimony. Like most books published by APA, I found that it safely balanced the scientific with the clinical. In doing so, I found that it provided a disappointing level of detail about abuse, the consultation process, evaluation, preparation, or testimony. For the clinician wishing greater information on the topic or for the clinician wishing for more useful information on the evaluation or testimony processes, I'd recommend augmentation with other relevant sources. Useful resource that is worth the used price.
Average customer rating:
|
The expert witness: Law and practice (PBI)
Dennis R Suplee
Manufacturer: Pennsylvania Bar Institute
ProductGroup: Book
Binding: Unknown Binding
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ASIN: B0006F177O |
Average customer rating:
|
Expert Witnesses: Science, Medicine, and the Practice of Law (Oxford Socio-Legal Studies)
Carol A.G. Jones
Manufacturer: Oxford University Press, USA
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ASIN: 019825797X |
Book Description
This book examines the role of expert witnesses in the legal system and the role of science in the law. The author analyzes the history of science and the law, and demonstrates through modern and historical examples how lawyers routinely use science to secure convictions. She examines the
place of scientists in personal injury claims, offering a strong argument that those with the most power and money are able to secure the services of the best experts in order to win cases. Expert Witnesses provides valuable insights into the "behind the scenes" cooperation between lawyers and
scientists in the pre-trial construction of cases.
Customer Reviews:
Expert witnesses.......2004-03-24
A valuable piece of work. The workings of jusitice and expertise outside the world of books and the fictional world of the courtroom. Here is law and justice at work. Read how fact are produced and how science and the law work at getting at desired results, that is for the major players in the field of law, e.g. insurance companies, lawyers and the justice department.
For every person who wants to work as an expert this is an indispensable book. That you are manipulated is a fact, but you should also be aware that you are.
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The Expert Witness Handbook: Tips and Techniques for the Litigation Consultant, Third Edition
Cross-Examination: The Comprehensive Guide for Experts
Expert Testimony: A Guide for Expert Witnesses and the Lawyers Who Examine Them
