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Academic literature on the topic 'Expert Testimony'

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Published: 4 June 2021
Last updated: 30 July 2024

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Journal articles on the topic "Expert Testimony"

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HENDRICKS, WILLIAM M. "Expert Testimony." Pediatrics 84, no. 3 (September 1, 1989): 589. http://dx.doi.org/10.1542/peds.84.3.589a.

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I would like to commend the Committee on Medical Liability of the American Academy of Pediatrics (Pediatrics. 1989;83:312-313) for the development of sensible guidelines for expert medical testimony. In addition to these recommendations, I would suggest that expert witnesses obtain an affidavit from the plaintiff's attorney stating under oath that they have provided the complete medical records of their client. Furthermore, a copy of any "expert" medical opinion should be forwarded to the defendant physician.
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DRY, LAURENCE R. "Expert Testimony." Pediatrics 84, no. 3 (September 1, 1989): 590. http://dx.doi.org/10.1542/peds.84.3.590.

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I wish to comment on the American Academy of Pediatrics' guidelines for expert testimony (Pediatrics. 1989; 83:312-313). Although I applaud the efforts of the Committee on Medical Liability and believe that there should be a tightening of the definition of what constitutes an expert medical witness, guideline 6 goes too far: "The physician should be willing to submit transcripts of depositions and/or courtroom testimony for peer review." This guideline attempts to place sanctions on opinion testimony and thus limits free speech.
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Sani, Ardalan Amiri. "Expert testimony." ACM SIGMOBILE Mobile Computing and Communications Review 15, no. 4 (March 27, 2012): 16–25. http://dx.doi.org/10.1145/2169077.2169080.

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Rahul, Hariharan. "Expert Testimony." ACM SIGMOBILE Mobile Computing and Communications Review 15, no. 2 (August 2011): 11–19. http://dx.doi.org/10.1145/2016598.2016601.

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Rayanchu, Shravan. "Expert testimony." ACM SIGMOBILE Mobile Computing and Communications Review 16, no. 2 (November 12, 2012): 28–34. http://dx.doi.org/10.1145/2396756.2396760.

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Bucy, Paul C. "Expert testimony." Surgical Neurology 23, no. 5 (May 1985): 545. http://dx.doi.org/10.1016/0090-3019(85)90254-x.

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Roggers, Richard. "Expert testimony." Behavioral Sciences & the Law 7, no. 2 (1989): 143–44. http://dx.doi.org/10.1002/bsl.2370070202.

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Whitaker, Leslie A., and G. Spencer Miller. "Some Guidelines for Human Factors Expert Witness Testimony." Proceedings of the Human Factors Society Annual Meeting 31, no. 5 (September 1987): 595–99. http://dx.doi.org/10.1177/154193128703100526.

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In recent years, many scientists have been asked to provide input as experts in legal proceedings (Sanders and McCormick, 1987). There are occasions when such activities go beyond consultations and reports, resulting in testimony for a deposition or a trial. Since such testimony will involve the specialized arena of a legal venue, there is a substantial need for the expert witness to understand this legal role. A set of guidelines is presented to help prepare the witness for the legal constraints within which testimony will be given. These guidelines address aspects of the following areas: defining your expertise, preparing for testimony, and what you can expect from your client (the attorney). The application of these guidelines is illustrated through expert testimony given by the first author in a variety of cases.
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Vaccaro, Alexander R., Jeffrey A. Rihn, Daniel F. Ryan, William S. Tucker, Peter J. Mandell, and Walter Ben Blackett. "Medical Expert Testimony*." Journal of Bone and Joint Surgery-American Volume 92, no. 15 (November 2010): e24(1)-e24(4). http://dx.doi.org/10.2106/jbjs.i.01313.

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Latham, Stephen R. "Expert Bioethics Testimony." Journal of Law, Medicine & Ethics 33, no. 2 (2005): 242–47. http://dx.doi.org/10.1111/j.1748-720x.2005.tb00490.x.

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The question of whether the normative testimony of ethics experts should be admissible under the rules of evidence has been the subject of much debate. Professor Imwinkelried's paper is an effort to get us, for a moment, to change that subject. He seeks to turn our attention, instead, to a means by which bioethics experts’ normative analyses might come before the court without regard to the rules of evidence - a means lying formally outside those rules’ jurisdiction. The court, he argues, may freely consider evidence from expert bioethicists so long as it is performing a legislative rather than an adjudicative function. The rules of evidence apply to the court's efforts to find the facts of a particular case, Imwinkelried argues, but they do not constrain the court's investigations relative to its creative law-making efforts.
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Dissertations / Theses on the topic "Expert Testimony"

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Briggs, Rachael (Rachael Amy). "Partial belief and expert testimony." Thesis, Massachusetts Institute of Technology, 2009. http://hdl.handle.net/1721.1/47829.

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Thesis (Ph. D.)--Massachusetts Institute of Technology, Dept. of Linguistics and Philosophy, 2009.
Includes bibliographical references (p. [83]-86).
My dissertation investigates two questions from within a partial belief framework: First, when and how should deference to experts or other information sources be qualified? Second, how closely is epistemology related to other philosophical fields, such as metaphysics, ethics, and decision theory? Chapter 1 discusses David Lewis's "Big Bad Bug", an argument for the conclusion that the Principal Principle-the thesis that one's credence in a proposition A should equal one's expectation of A's chance, provided one has no inadmissible information-is incompatible with Humean Supervenience-the thesis that that laws of nature, dispositions, and objective chances supervene on the distribution of categorical properties in the world (past, present, and future). I map out the logical structure of the Big Bad Bug, survey a range of possible responses to it, and argue that none of the responses are very appealing. Chapter 2 discusses Bas van Fraassen's Reflection principle-the thesis that one's current credence in a proposition A should equal one's expected future credence in A. Van Fraassen has formulated a diachronic Dutch book argument for Reflection, but other authors cite counterexamples to Reflection that appear to undermine the credibility of diachronic Dutch books. I argue that a suitably qualified version of Reflection gets around the counterexamples. I distinguish between Dutch books that reveal incoherence-like the diachronic Dutch book for conditionalization-and Dutch books that reveal a type of problem I call selfdoubt. I argue that violating Reflection is a type of self-doubt rather than a type of incoherence.
(cont.) Chapter 3 argues that the halfer and thirder solutions to Adam Elga's Sleeping Beauty problem correspond to two more general approaches to de se information. Which approach is right depends on which approach to decision theory is right. I use Dutch books and scoring rules to argue that causal decision theorists should favor the approach that corresponds to thirding, while evidential decision theorists should favor the approach that corresponds to halfing.
by Rachael Briggs.
Ph.D.
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Deer, LillyBelle K. "The Effects of Expert Testimony in Sexual Assault Trials." Scholarship @ Claremont, 2015. http://scholarship.claremont.edu/cmc_theses/1114.

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Recently, expert testimony in sexual assault trials shifted from an emphasis on Rape Trauma Syndrome (RTS) to Posttraumatic Stress Disorder (PTSD) and experts have tied these diagnoses either loosely or tightly to the victim’s condition following sexual assault. In the current study, 326 jury-eligible adults completed a survey on Amazon Mechanical Turk in which they read a synopsis of a sexual assault trial and an expert testimony with either RTS, PTSD or neither; along with either no, loose, or tight links made between the diagnosis and the victim’s condition. There was no main effect of diagnosis label but testimony linkage did have an effect on verdicts. Women gave more guilty verdicts due to their lower levels of Rape Myth Acceptance (RMA), and the effect of gender partially depended on RMA. Implications for how expert testimony can affect defendants’ and plaintiffs’ credibility are discussed.
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Devenport, Jennifer Leigh. "Does expert psychological testimony improve juror sensitivity to lineup suggestiveness?" FIU Digital Commons, 1996. http://digitalcommons.fiu.edu/etd/2783.

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Previous research has examined the validity of behavioral assumptions underlying the presumed effectiveness of safeguards against erroneous conviction resulting from mistaken eyewitness identification. In keeping with this agenda, this study examined juror sensitivity to lineup suggestiveness in the form of foil, instruction, and presentation biases and whether expert psychological testimony further sensitizes jurors to the factors that influence the likelihood of false identifications. One hundred and sixty jury eligible citizens watched versions of a videotaped trial that included information about the identification of the defendant by an eyewitness and that varied the suggestiveness of the eyewitness identification procedure. In addition, half of the mock-jurors heard the testimony of an expert psychologist regarding the factors that influence lineup suggestiveness. Mock-jurors rendered individual verdicts, rated the defendant's culpability and the suggestiveness and fairness of the identification procedure. Results indicated that jurors are somewhat sensitive to foil bias but are insensitive to instruction and presentation biases. No evidence was found to suggest that expert testimony leads to juror skepticism or juror sensitization. These results question the effectiveness of cross-examination and expert testimony as safeguards against erroneous convictions resulting from mistaken identification.
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Johnston, Craig. "Establishing a formal training program to prepare rehabilitation counselors for expert testimony." Connect to resource, 2005. http://rave.ohiolink.edu/etdc/view?acc%5Fnum=osu1123516553.

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Thesis (Ph. D.)--Ohio State University, 2005.
Title from first page of PDF file. Document formatted into pages; contains xii, 171 p. Includes bibliographical references (p. 137-153). Available online via OhioLINK's ETD Center
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Bern, Zachary. "Legal and Scientific Implications of Daubert: An Empirical Analysis of Expert Psychological Testimony." Scholarship @ Claremont, 2018. http://scholarship.claremont.edu/cmc_theses/1862.

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The goal of this paper is to outline the legal and scientific implications of the admissibility standard defined in Daubert v. Merrel Row Pharmeceuticals, Inc., 509 U.S. 579 (1993). The evolution of scientific admissibility is discussed. In addition, the author looks at criticisms of Daubert from the legal and psychological literature. Empirical data is presented with respect to judges’ abilities to act as “gate keepers” and jurors’ sensitivity to expert testimony. The author concludes with a discussion of the limitations and implications of this research.
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Dubreuil, Susan C. (Susan Catherine) Carleton University Dissertation Psychology. "Courtroom preparation of hypnotic and nonhypnotic eyewitnesses; jurors' perceptions of witness testimony and the impact of expert testimony." Ottawa, 1994.

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McCurry, Ford C. "How Psychology’s Empirical Results Can Benefit the Criminal Justice System: Expert Testimony." Digital Commons @ East Tennessee State University, 2013. https://dc.etsu.edu/etd/1166.

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Brigham and Bothwell (1983) claimed that jurors have a scientifically incorrect view of eyewitness testimony. The purpose of this study was to examine the most beneficial way to assist the jury in dealing with eyewitness testimony. Duckworth, Kreiner, Stark-Wroblewski, and Marsh (2011) applied interactive participation in an eyewitness activity and expert testimony to a mock-jury dealing with eyewitness testimony and found that those who participated in the activity had significantly fewer convictions. The methodological framework of the Duckworth et al. study was applied to East Tennessee State University criminal justice undergraduates. Although this study did not find any significant effects in hearing expert testimony on empirical findings regarding eyewitness testimony or participating in an individual recall activity, cross tabulation frequencies indicated a directional pattern of relationship when independent variables were compared to the control group.
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Dzeguze, Andrew Bryan. "Exploring District Judges' Decision Making in the Context of Admitting Expert Testimony." PDXScholar, 2018. https://pdxscholar.library.pdx.edu/open_access_etds/4392.

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Over the last several decades, multiple schools of thought have emerged regarding what impacts judicial decision making. In contrast to the classic legal model, studies have argued alternatively that judges are policy actors who rule consistent with their political attitudes; that behavioral traits such as race, gender and socialization influence judicial conduct, both consciously and unconsciously; that whatever policy interests judges may have, these are moderated by institutional constraints and strategic considerations; and that judges are subject to some common cognitive shortcuts in decision making, although they may be moderated or present differently than in the general population in light of their training and experience. Most of these studies, particularly in political science, have tended to focus on Supreme Court or appellate decisions on politically salient subject matter such as the scope of the Fourth Amendment or racial discrimination. The cognitive studies, by comparison, have primarily used experimental conduct, often with artificially extreme variations between legal and factual issues to assess the impact of legal training. Other than field review articles, most have focused on a single potential explanatory variable such as ideology, gender or legal training. To date, there has been very limited study of the more routine tasks judges engage in at the trial court level such as pre-trial evidentiary rulings or comparative assessments of the relative explanatory power of factors drawn from multiple approaches to decision making. The present study involved both a qualitative and quantitative assessment of Federal district court decisions on the admissibility of expert witnesses. Employing thematic analysis of all cases involving a substantive analysis of this issue from 2010-2015 in nine district courts, a default pattern emerged that judges are reluctant to exclude experts except in extreme cases. Moreover, judges appear to have adopted several practices consistent with minimizing the cognitive burden of decision making. These findings suggest that judges are acting consistently with legal norms and the broad outlines of legal precedent, but in a manner which may lead to sub-optimal outcomes in some circumstances. Quantitative analysis of the same data suggests that judges are subject to a variety of significant influences including legal precepts, political ideology and cognitive heuristics in different settings. Moreover, the influence of issues such as ideology appear to be associated with some courts and not others, with circuit level precedent being the most obvious intervening factor to explain the difference. The circuit level impacts on behavior and several other findings in this study suggest that much more nuance is present than is normally acknowledged in the study of judicial decision making. The results of this study also suggest policy makers should account for cognitive tendencies in crafting legal standards and precedents as well as legal education. Finally, it posits that practitioners can maximize their odds of success on motions to exclude expert witnesses through similar awareness of what influences judicial conduct, especially but not limited to cognitive limitations in rendering judgments under time constraints and conditions of uncertainty.
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Bransgrove, Jennifer. "The influence of expert testimony on potential jurors' perceptions of young children's testimonial credibility /." [St. Lucia, Qld.], 2003. http://www.library.uq.edu.au/pdfserve.php?image=thesisabs/absthe17042.pdf.

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Armstrong, Matthew Nicholas. "The Effects of Juror Need for Cognition: Perceptions of Trustworthiness in Expert Witness Testimony." Scholarship @ Claremont, 2012. http://scholarship.claremont.edu/cmc_theses/335.

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The current study looks to examine the possible effects expert witness trustworthiness and testimony quality depending upon participant need for cognition. The study involves 139 participants taken from Amazon's Mechanical Turk and an undergraduate research pool where they were asked to take part in a web-based survey. Participants read a capital sentencing summary and were randomly selected into one of four expert witness conditions that vary in trustworthiness and quality. Participants took the short form Need for Cognition scale and filled out a questionnaire about their perceptions of the expert's trustworthiness and testimony quality. Results indicated a marginal main effect of the trustworthiness condition as well as a marginal three-way interaction. Additionally, significant main effects for the sample and death qualification status of participants were found. Results are discussed in the context of the current study and past research and possible limitations and extensions of the current study are considered.
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Books on the topic "Expert Testimony"

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Stockley, Grif. Expert testimony. New York: Summit Books, 1991.

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Stockley, Grif. Expert testimony. New York: Ivy Books, 1992.

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R, Smith Steven, ed. Expert testimony. [New York]: Wiley, 1989.

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F, Goodman Harold, and Goodman Harold F, eds. Orthopedic disability and expert testimony. 4th ed. New York: Wiley Law Publications, 1993.

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Peick, John C. Handbook for chiropractic expert testimony. Bellevue, Wash: John C. Peick, 1986.

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Peters, Mary Donne. Georgia admissibility of expert testimony. 2nd ed. [St. Paul, Minn.]: Thomson/West, 2007.

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Pizzi, William T. Expert testimony in the US. Sevenoaks: Butterworths, 1995.

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Horsley, Jack E. Testifying in court: A guide for physicians. 3rd ed. Oradell, N.J: Medical Economics Books, 1988.

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Horsley, Jack E. Testifying in court. 4th ed. Los Angeles, Calif: Practice Management Information Corporation, 1992.

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University of Washington. School of Law. and Washington Law School Foundation, eds. Dealing with experts and expert testimony: December 15, 1990. [Seattle, Wash.]: The Foundation, 1990.

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Book chapters on the topic "Expert Testimony"

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Tully, Bryan. "Expert Testimony." In Children's Testimony, 351–70. Chichester, UK: John Wiley & Sons, Ltd, 2011. http://dx.doi.org/10.1002/9781119998495.ch17.

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Venn, Jonathan. "Expert testimony." In Crime and Psychology, 19–40. New York: Routledge, 2023. http://dx.doi.org/10.4324/9781003385028-4.

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Diamond, Shari, and Jason Schklar. "Expert testimony." In Encyclopedia of Psychology, Vol. 3., 301–3. Washington: American Psychological Association, 2000. http://dx.doi.org/10.1037/10518-111.

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Risi, Lucinda. "Expert Testimony." In Forensic Document Examination in the 21st Century, 63–70. First edition. | Boca Raton : CRC Press, 2021.: CRC Press, 2020. http://dx.doi.org/10.4324/9780367853587-7.

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Sadoff, Robert L. "Expert Psychiatric Testimony." In Ethical Issues in Forensic Psychiatry, 97–110. Chichester, UK: John Wiley & Sons, Ltd, 2010. http://dx.doi.org/10.1002/9780470971888.ch6.

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Davis, Gregory G. "Expert Witness Testimony." In Pathology and Law, 131–48. New York, NY: Springer New York, 2004. http://dx.doi.org/10.1007/978-0-387-21818-2_5.

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Finkelman, Jay M., and Linda Gomberg. "Expert witness testimony." In Forensic organizational consulting: The role of psychologists in litigation support., 19–36. Washington: American Psychological Association, 2022. http://dx.doi.org/10.1037/0000295-002.

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Svider, Peter F. "Expert Witness Testimony." In Litigation in Otolaryngology, 179–84. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-64418-5_19.

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Karras, Alex, and Jennifer Lambert. "Expert Witness Testimony." In Handbook of Medical Aspects of Disability and Rehabilitation for Life Care Planning, 458–79. London: Routledge, 2024. http://dx.doi.org/10.4324/b23293-21.

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Walker, Lenore E., David Shapiro, and Stephanie Akl. "Admissibility of Expert Testimony." In Introduction to Forensic Psychology, 25–34. Cham: Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-44470-9_3.

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Conference papers on the topic "Expert Testimony"

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Giliberti, Frank J. "Preparing for Admissibility of Expert Testimony." In Second Forensic Engineering Congress. Reston, VA: American Society of Civil Engineers, 2000. http://dx.doi.org/10.1061/40482(280)37.

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Endicott-Popovsky, Barbara E., J. D. Fluckiger, and Deborah A. Frincke. "Establishing Tap Reliability in Expert Witness Testimony: Using Scenarios to Identify Calibration Needs." In Second International Workshop on Systematic Approaches to Digital Forensic Engineering (SADFE'07). IEEE, 2007. http://dx.doi.org/10.1109/sadfe.2007.10.

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Girgin, Serkan, and Elisabeth Krausmann. "Onshore Natural Gas and Hazardous Liquid Pipeline Natechs in the USA: Analysis of PHMSA Incident Reports." In 2014 10th International Pipeline Conference. American Society of Mechanical Engineers, 2014. http://dx.doi.org/10.1115/ipc2014-33366.

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Natural hazards can be initiating events for accidents in oil and gas pipelines. Severe past incidents bear testimony to the risk associated with pipeline accidents triggered by natural hazards (natechs). Post-incident analysis is a valuable tool for better understanding the causes, dynamics and impacts of such accidents. To identify the main triggers of onshore transmission pipeline natechs in the USA, natural gas and hazardous liquid incident reports collected by the Pipeline and Hazardous Materials Safety Administration were analyzed. Potential natech incidents were identified by automated data-mining followed by expert review. The analysis covered ∼21,000 incidents, about 6% of which were identified as natechs. Geological hazards triggered 50% of the identified natechs, followed by meteorological (25%), climatic (11%), and hydrological (11%) hazards. Landslides are the main geological hazard with 43% of the incidents within the category. Among meteorological hazards, lightning is the major hazard with 36%. 84% of the hydrological hazard related natechs were found to be due to floods. Cold-related hazards make up 93% of the natechs caused by adverse climatic conditions. Some preliminary qualitative results on consequences are provided as well.
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Hendon, Serena L. "“Willful and Wanton” Conduct Opinion Testimony by Forensic Engineering Experts." In Ninth Congress on Forensic Engineering. Reston, VA: American Society of Civil Engineers, 2022. http://dx.doi.org/10.1061/9780784484548.094.

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Wojcik, Laura A. "Practices in Engineering Analysis, Education, and Ethics as Applied to Consulting in Biomechanical Forensics." In ASME 2008 Summer Bioengineering Conference. American Society of Mechanical Engineers, 2008. http://dx.doi.org/10.1115/sbc2008-192639.

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The demand for experts in the field of biomechanics continues to grow due to claim investigations by insurance companies and legal matters involving issues such as product liability, negligence, and workers’ compensation. Practitioners who consult in biomechanical forensics must balance client needs with sound engineering analysis techniques, ethical experimental design, and reasonable interpretations of published data. Once an analysis has been completed and opinions have been presented to the client, the task of presenting the results of the technical analysis to attorneys, judges, and jury members who are often unsophisticated in their understanding of scientific concepts in ways that are understandable, accurate, and not misleading can be a challenge even for experienced testifiers. Always being mindful of scientific and engineering ethics and being aware of aspects of educational theory can help to give new consultants confidence in their positions and make them more effective in their deposition and trial testimony.
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Reports on the topic "Expert Testimony"

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Dzeguze, Andrew. Exploring District Judges' Decision Making in the Context of Admitting Expert Testimony. Portland State University Library, January 2000. http://dx.doi.org/10.15760/etd.6276.

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McKay, Jaclynn, Mikalaa Martin, Micaela Ascolese, and Gabby DiEmma. North Carolina State University and the Forensic Technology Center of Excellence Two-Part Virtual Workshop Series: Qualifications of an Expert Witness for Legal Professionals—The Daubert and Frye Standards. RTI Press, December 2023. http://dx.doi.org/10.3768/rtipress.2023.cp.0017.2312.

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The Forensic Technology Center of Excellence, a program of the National Institute of Justice, in collaboration with North Carolina State University, hosted a two-part virtual workshop series on the Qualifications of an Expert Witness for Legal Professionals. The workshop series included topics relevant to qualifications of expert witnesses in forensic disciplines, with the first workshop occurring on August 2, 2023, and centering around the Daubert standard. The second workshop occurred on October 25, 2023, and focused on the Frye standard. The workshops brought together over 800 criminal justice professionals to explore the historical basis for the Frye and Daubert standards, the issues surrounding qualifying expert witnesses, the effect of the standards on the admission of expert testimony in the courts, and the future of forensic testimony with the December 2023 revisions to Federal Rule of Evidence 702. The workshops included presentations from a diverse panel of speakers spanning the breadth of legal practitioners—including trial attorneys, professors, attorney generals, and postconviction litigators—and provided a platform for attendees to discuss legal issues related to forensic science.
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Fulkerson, W., R. M. Cushman, G. Marland, and S. Rayner. International impacts of global climate change: Testimony to House Appropriations Subcommittee on Foreign Operations, Export Financing and Related Programs. Office of Scientific and Technical Information (OSTI), February 1989. http://dx.doi.org/10.2172/5843170.

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