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Journal articles on the topic 'Expert Testimony'

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Published: 4 June 2021

Last updated: 30 July 2024

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1

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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2

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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3

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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4

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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5

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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6

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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7

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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8

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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9

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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10

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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11

Miller, Lisa A. "Offering Expert Testimony." Journal of Perinatal & Neonatal Nursing 30, no. 2 (2016): 93–94. http://dx.doi.org/10.1097/jpn.0000000000000169.

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12

Iannaccone, Susan T. "Expert Witness Testimony." Journal of Child Neurology 11, no. 2 (March 1996): 171. http://dx.doi.org/10.1177/088307389601100225.

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13

Weintraub, M. I. "Expert witness testimony." Neurology 47, no. 5 (November 1, 1996): 1356. http://dx.doi.org/10.1212/wnl.47.5.1356.

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14

Rayhan, S. "Expert Witness Testimony." American Journal of Cosmetic Surgery 13, no. 3 (September 1996): 278. http://dx.doi.org/10.1177/074880689601300318.

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15

Weinstein, Jack B. "EXPERT WITNESS TESTIMONY." Neurologic Clinics 17, no. 2 (May 1999): 355–62. http://dx.doi.org/10.1016/s0733-8619(05)70138-9.

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16

Weintraub, Michael I. "EXPERT WITNESS TESTIMONY." Neurologic Clinics 17, no. 2 (May 1999): 363–69. http://dx.doi.org/10.1016/s0733-8619(05)70139-0.

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17

TAN, S. Y. "Expert Medical Testimony." Internal Medicine News 43, no. 15 (September 2010): 64. http://dx.doi.org/10.1016/s1097-8690(10)70811-8.

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18

Marks, Ronald B. "Expert witness testimony." Journal of Oral and Maxillofacial Surgery 47, no. 6 (June 1989): 659. http://dx.doi.org/10.1016/s0278-2391(89)80092-8.

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19

TAN, S. Y. "Expert Medical Testimony." Family Practice News 40, no. 15 (September 2010): 70–75. http://dx.doi.org/10.1016/s0300-7073(10)70977-4.

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20

Kolpan, Kenneth I. "Expert courtroom testimony." Journal of Head Trauma Rehabilitation 4, no. 1 (March 1989): 95–96. http://dx.doi.org/10.1097/00001199-198903000-00016.

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21

AICHER, R., and A. GENERALCOUNSELTOASAPS. "Policing Expert Testimony." Aesthetic Surgery Journal 19, no. 6 (November 1999): 500–501. http://dx.doi.org/10.1053/aq.1999.v19.103697001.

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22

Cutler, Brian L., and Margaret Bull Kovera. "Expert Psychological Testimony." Current Directions in Psychological Science 20, no. 1 (February 2011): 53–57. http://dx.doi.org/10.1177/0963721410388802.

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23

Quinn, Neil K., and Mary Anne H. Capron. "Expert witness testimony." Journal of Oral and Maxillofacial Surgery 46, no. 12 (December 1988): 1086–89. http://dx.doi.org/10.1016/0278-2391(88)90455-7.

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24

Amon, Erol. "Expert Witness Testimony." Clinics in Perinatology 34, no. 3 (September 2007): 473–88. http://dx.doi.org/10.1016/j.clp.2007.03.016.

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25

Martensen, Robert L. "Expert Medical Testimony." JAMA 278, no. 20 (November 26, 1997): 1707. http://dx.doi.org/10.1001/jama.1997.03550200083041.

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26

Uzych, Leo. "Expert Witness Testimony." JAMA: The Journal of the American Medical Association 253, no. 4 (January 25, 1985): 509. http://dx.doi.org/10.1001/jama.1985.03350280065009.

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27

Wilder, Bruce. "Expert Witness Testimony." JAMA: The Journal of the American Medical Association 253, no. 4 (January 25, 1985): 509. http://dx.doi.org/10.1001/jama.1985.03350280065010.

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28

Cerf, Vinton G. "On Expert Testimony." Communications of the ACM 66, no. 12 (November 17, 2023): 5. http://dx.doi.org/10.1145/3631277.

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29

Welner, Kevin G., and Haggai Kupermintz. "Rethinking Expert Testimony in Education Rights Litigation." Educational Evaluation and Policy Analysis 26, no. 2 (June 2004): 127–42. http://dx.doi.org/10.3102/01623737026002127.

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Courts often rely on the testimony of experts to understand arguments and implications in education rights litigation. But expert testimony, and statistical testimony in particular, can offer a false sense of security for the unwary. This article uses expert testimony offered in two recent desegregation cases to consider whether sufficient protections are presently in place to protect judges, who are usually statistical novices, from being confused or misled by experts. These case studies illustrate how, without the use of additional protections, courts can be misled. Following this examination, we offer suggestions intended to improve judges’ comprehension of expert testimony. At its most general level, this article addresses the role of researchers in presenting important educational issues in ways that speak clearly to policy-makers.

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30

Bajic-Milosavljevic, Aleksandra, and Sonja Orozovic. "Providing expert medical testimony." Srpski arhiv za celokupno lekarstvo 133, no. 11-12 (2005): 543–53. http://dx.doi.org/10.2298/sarh0512543b.

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This paper represents an effort at making expert medical testimony, one field of the medical profession, more accessible to our junior medical colleagues. As there is no department for expert medical testimony at the Belgrade School of Medicine, neither textbooks on providing expert medical testimony, experiences and knowledge are not unified and have to be collected together from many sources. The work of the medical expert is not aimed at improving the health of a patient, but on the realization of a patient?s rights, which very often depend on the patient?s health. The medical expert confirms medical facts, which may be of legal significance, and, consequently represents a link between medicine and the law. The effects of that link also impinge into the financial sphere. Expert medical testimony is, therefore, an interdisciplinary activity and the medical expert must also have knowledge outside of medical science, in other words, knowledge of the potential legal significance of medical facts. The authors of this paper are professional medical experts and wanted to make precisely that knowledge, which falls outside of medicine but is essential in medical testimony, more accessible to their junior colleagues. This is knowledge of the rights on which their patients can rely from insurance companies (based on health or invalid insurance) or in court. Such knowledge can also help their patients with legal regulations, ethical principles, and establishing their legal rights.

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31

Baylis, Françoise. "Rebuttal: Expert Ethics Testimony." Journal of Law, Medicine & Ethics 28, no. 3 (2000): 240–42. http://dx.doi.org/10.1111/j.1748-720x.2000.tb00666.x.

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According to Giles Scofield, ethicists can provide expert testimony in descriptive ethics and metaethics, but not normative ethics. Lawrence Schneiderman appears to disagree with this view, and presumably believes that it is appropriate for an expert witness in ethics to provide ethics testimony in all three areas. I draw this conclusion from several claims made in his commentary which aim to show that we would be contending experts if both invited to testify on a case involving claims about futile medical treatment. This disagreement aside, taken together both commentaries suggest that my testimony in the case of Andrew Sawatzky is wanting.In the response that follows I do not engage in a debate about the content of my testimony.

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32

Wuffle, A. "Expert vs. Expert: Lessons from Badham v. Eu." PS: Political Science & Politics 18, no. 03 (1985): 576–81. http://dx.doi.org/10.1017/s1049096500022228.

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Professors Cain and Grofman were kind enough to suggest that I review the expert witness declarations inBadham v. Eu(D.C. California, 1984) in the light of my own previous research on expert witness testimony to identify frequently used modes of argumentation.The single most important observation I can make about the nature of the expert witness testimony inBadhamis to note its high quality. The experts inBadhamare addressing real issues. The differences among these experts rest on differing normative views and on disputes about difficult empirical and methodological questions. Moreover, the genuine expertise of these social scientists cannot be in dispute. Thus, the most common techniques used in disputations among experts: (1) impeaching an expert witness' motives (e.g., accusing him of being a “hired gun” or an “ideological partisan”); (2) downgrading his academic credentials or claims to subject matter expertise; and (3) finding instances where his testimony has been repudiated by the courts, are simply inapplicable. This has not left the experts inBadhamat a loss for words—but none of the disagreements among them are in the nature of ad hominem attacks.

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33

Ubwarin, Erwin. "KEABSAHAN KETERANGAN AHLI DALAM TINDAK PIDANA KORUPSI." SASI 20, no. 1 (June 30, 2014): 1. http://dx.doi.org/10.47268/sasi.v20i1.340.

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Proof needed to convince the judge that there has been a criminal offense, after HIR to the Code of Criminal Procedure (Criminal Procedure Code) was added Specification Expert as a form of evidence, in the Corruption MCK Ambon City in 2012, the Prosecutor requested an expert witness of the National Association of Indonesian Consultants (NAIC) Mollucas, to perform calculations MCK building construction Ambon, at the hearing the expert testimony submitted evidently not in accordance with skills, whereas in providing expert testimony at both the investigation and the court should have the skills to enter. The results showed that specification experts given for criminal acts that occure and seek state losses in the corruption of Crime MCK Ambon City, but it turns out experts who testified in the investigation process does not have a certification as a construction expert, and he was not breathing sworn. In the process of the corruption court, the public prosecutor can not bring experts from NAIC Mollucas, and testimony just recited, this shows that the expert testimony can not be used or invalid

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34

Neuschatz, Jeffrey S., Miranda L. Wilkinson, Charles A. Goodsell, Stacy A. Wetmore, Deah S. Quinlivan, and Nicholaos J. Jones. "Secondary Confessions, Expert Testimony, and Unreliable Testimony." Journal of Police and Criminal Psychology 27, no. 2 (March 16, 2012): 179–92. http://dx.doi.org/10.1007/s11896-012-9102-x.

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35

Domino, Madeline Ann, Matthew Stradiot, and Mariah Webinger. "Factors which may bias judges’ decisions to exclude accounting expert witnesses testimony." Accounting Research Journal 28, no. 1 (July 6, 2015): 59–77. http://dx.doi.org/10.1108/arj-11-2014-0097.

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Purpose – This paper aims to investigate factors which may influence or bias judges’ decisions to exclude or admit the testimony of accounting expert witnesses, under the US judicial guidelines commonly known as the Daubert/Kuhmo standards. Accounting experts are increasingly providing expert testimony as a part of financial litigation support services. Design/methodology/approach – Judges’ decisions, in which opposing council evoked a Daubert/Kuhmo challenge to the testimony provided by 130 professional accountants serving as expert witnesses, were analyzed. The period of study was 2010 through 2014. Based on prior research, three variables believed to potentially influence or bias judges to systematically exclude expert testimony were examined: gender, complexity and familiarity. Findings – The results of binary logistic regression show that none of the variables has a significant relationship to the accounting expert witnesses’ probability of surviving a challenge to Daubert/Kuhmo standards. Findings suggest that judges are objective in evaluating the testimony provided by accounting experts under Daubert/Kuhmo guidelines and that they may be immune to biases based solely on gender, complexity and familiarity. Originality/value – These results will be of interest to judges, lawyers and forensic accountants acting as expert witnesses.

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36

Denne, Emily, Stacia N. Stolzenberg, and Tess M. S. Neal. "The effects of evidence-based expert testimony on perceptions of child sexual abuse involving recantation." PLOS ONE 16, no. 8 (August 5, 2021): e0254961. http://dx.doi.org/10.1371/journal.pone.0254961.

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Child sexual abuse (CSA) cases involving recantation invoke concerns about children’s reliability. Expert testimony can help explain the complexities of these cases. Experts have historically relied on Child Sexual Abuse Accommodation Syndrome (CSAAS), yet this is not science-based. In a CSA case involving recantation, how would evidence-based testimony affect perceptions of child credibility when compared to CSAAS? Across 2 studies, we test the effects of expert testimony based on evidence-based science, nonscientific evidence, and experience-based evidence on outcomes in CSA cases involving recantation. Evidence-based testimony led to higher perceptions of credibility and scientific rigor of the evidence when compared to CSAAS testimony. Evidence-based testimony also led to more guilty verdicts when compared to the control. In sum, jurors had some ability to detect evidence strength, such that evidence-based expert testimony was superior to CSAAS testimony in many respects, and consistently superior to experience-based testimony in these cases.

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37

Wilson, Adam. "Expert Testimony in the Dock." Journal of Criminal Law 69, no. 4 (August 2005): 330–48. http://dx.doi.org/10.1350/jcla.2005.69.4.330.

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This article focuses predominantly on the recent miscarriages of justice in the cases of Angela Cannings and Sally Clark. The article identifies possible causes of error in trials involving expert testimony. It is suggested that admission of scientific evidence may inevitably elicit such miscarriages of justice. In order to reduce their frequency, however, experts need training in both scientific and forensic methodology. The science community must also ensure vigilance against scientific dogma. The cases show that responsibility does not lie solely at the feet of expert witnesses. Advocates need training in how to deal with expert testimony. Finally, the use of the jury in complex scientific trials is considered and approved.

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38

Yuslan, Siti Nursyakirah, and Sera Rosanto. "Reconstruction of Expert Testimony For Determining The Judge Considering iIn The Corruption Case Based On Justice." Law Development Journal 1, no. 1 (June 30, 2019): 18. http://dx.doi.org/10.30659/ldj.1.1.18-24.

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Calculation of state losses can only be done by an expert. Experts here are not only experts in the field of financial audit but also engineers who will calculate the feasibility of construction of a building in case of corruption was related to the construction field. Expert who has the competence do calculating the quantity of a building and the price of a building is a person who has a construction management certification. Judge in assessing the truth of the testimony / evidence, in the RIB in the know with 3 systems of evidence include; free system (Vrij Bewijk); positive system (wettellijk) and negative cystine (wettellijk). In the formulation of Article 184 paragraph (1) Criminal Procedure Code, which specified that legal evidence is: witness testimony; expert testimony; letter; pointing and testimony of the defendant. Each handling of corruption cases, the process of calculating the amount of state losses in practice are still causing differences of interpretation either by the Prosecutor, state audit agency (BPK), the financial supervision and development (BPK), as well as the court. Description Construction Experts who have no competence in the matter of corruption, the statement becomes invalid.Keywords: Reconstruction; Expert; Testimony; Corruption and Justice.

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39

Setiawan, Prima. "IMMIGRATION PERSPECTIVE ON FOREIGN EXPERT IN INDONESIAN LAW OF CRIMINAL PROCEDURE." Jurnal Ilmiah Kajian Keimigrasian 2, no. 2 (October 20, 2019): 97–106. http://dx.doi.org/10.52617/jikk.v2i2.61.

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The implementation of criminal law enforcement in Indonesia is based on criminal procedural law. Criminal Procedure Law is a formal law that is in the regulations regarding the provisions of the legal process. Proof processes as the legal means of proof based on Law Number 8 of 1981 shall be Witnesses Testimony, Expert Testimony, a Document, an Indication and Accused Testimony. Expert testimony has an important role in the Proof processes both from the level of investigation to the trial by the judge. In doing so, an expert can be a foreign national. Normative-empirical research by the method of legal research on legal instruments conducted to explain how the immigration perspective of experts who are foreign citizens. Experts who are citizens of foreign countries must have a residence permit stipulated in the Immigration Act, even though, it is a state order for someone who gives testimony as an expert in order to uphold the law as fairly as possible. To achieve this, as well as by not violating the immigration provisions for experts who are foreigner, the authors provide advice for law enforcers, both investigators, public prosecutors, judges and legal counsel to know and understand the immigration provisions that applied to foreigners as the experts in law enforcement process.

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40

Miller, Bruce Granville. "“Thinning” Anthropological Expert Testimony." Anthropology Now 13, no. 2 (May 4, 2021): 30–40. http://dx.doi.org/10.1080/19428200.2021.1976500.

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41

Eade, Gilbert G. "Standards and Expert Testimony." Plastic and Reconstructive Surgery 76, no. 6 (December 1985): 936. http://dx.doi.org/10.1097/00006534-198512000-00026.

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42

Svider, Peter F., Jean Anderson Eloy, Soly Baredes, Michael Setzen, and Adam J. Folbe. "Expert Witness Testimony Guidelines." Otolaryngology–Head and Neck Surgery 152, no. 2 (November 11, 2014): 207–10. http://dx.doi.org/10.1177/0194599814556721.

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43

Loulakis, Michael C., and Lauren P. McLaughlin. "Licensure and Expert Testimony." Civil Engineering Magazine Archive 75, no. 9 (September 2005): 88. http://dx.doi.org/10.1061/ciegag.0000826.

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44

Scarrow, Alan M., and Meera R. Scarrow. "Providing expert witness testimony." Surgical Neurology 57, no. 4 (April 2002): 278–82. http://dx.doi.org/10.1016/s0090-3019(02)00640-7.

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45

Himmelfarb, Robert. "Providing proper expert testimony." Journal of Oral and Maxillofacial Surgery 57, no. 11 (November 1999): 1387. http://dx.doi.org/10.1016/s0278-2391(99)90895-9.

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46

McAbee, Gary N. "Improper expert medical testimony." Journal of Legal Medicine 19, no. 2 (June 1998): 257–72. http://dx.doi.org/10.1080/01947649809511061.

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47

Iverson, Donald. "On Regulating Expert Testimony." Neurology Today 7, no. 7 (April 2007): 3. http://dx.doi.org/10.1097/01.nt.0000269123.75598.da.

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48

Tanay, Emanuel. "Partisan Expert Witness Testimony." Journal of Forensic Sciences 44, no. 6 (November 1, 1999): 14625J. http://dx.doi.org/10.1520/jfs14625j.

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49

Brodsky, Stanley L., and Jason K. Wilson. "Worst Expert Testimony Ever." Psychological Injury and Law 9, no. 3 (June 21, 2016): 272–74. http://dx.doi.org/10.1007/s12207-016-9261-7.

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50

Meadow, William. "Evidence-based Expert Testimony." Clinics in Perinatology 32, no. 1 (March 2005): 251–75. http://dx.doi.org/10.1016/j.clp.2004.11.004.

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