Jurisprudence (page 2)
Scope of Work
Attorneys for the prosecution and the defense, as well
as the judge, are lawyers. They are the main players in
the drama of the courtroom. The lawyer who uses expert testimony
in criminal and civil cases must be knowledgeable of the
law that governs the admissibility of forensic evidence,
and qualified to apply this law to present and challenge
forensic evidence in depositions and court proceedings.
The judge must understand all the issues and make sure of
the legality of the entire process.
Courtroom testimony of an expert witness
explaining findings in a case.
Although each deposition and court appearance is a unique
experience, forensic witnesses may reasonably expect that
direct and cross-examination will cover at least a few key
areas. The lawyer may make a threshold inquiry into the
field of specialization in which the witness claims to be
an expert, reliability of that field of knowledge for judicial
purposes, and the witness' qualifications in that field.
This inquiry may address any and all formal education the
witness has — or has not — completed. Education in the area
of specialized knowledge in which the witness claims to
be proficient will be most relevant. Any publications or
other educational materials authored or edited by the witness
and others in the field may be reviewed and addressed to
either support or challenge the witness' opinions and conclusions.
Professional or technical training in the area of specialization,
the witness' performance in that training, and certifications
or other credentials related to the areas of specialization,
may also be addressed.
The witness' experience in the field of specialized knowledge
may also be covered, together with any issues related to
the witness' competent performance in the field. The witness'
performance at work — including written and oral performance
evaluations, disciplinary proceedings, and any other evidence
relevant to the witness' experience — may be scrutinized.
Testimony of the witness in other court proceedings may
also be addressed if it may be used to undermine the reliability
or validity of the witness' opinion in the case at hand.
Direct examination by the lawyer who retained the witness
will progress in a manner that allows the witness to favorably
state the witness' education, training, and experience in
the witness' field of specialized knowledge; the facts of
the case on which the witness relied in preparing any reports,
summaries, or formulating any opinions for the case; any
theories, techniques, methods, or procedures applied by
the witness in understanding and interpreting the facts;
and any conclusions or opinions the witness may have reached
as a result of this process. Direct examination is typically
a smooth, comfortable exposition of the witness' qualifications,
reasoning, and opinion.
Cross-examination by opposing counsel is typically more
challenging. The primary goal of cross-examination is to
identify any weaknesses that may undermine the relevance,
reliability, and/or validity of the witness' evidence. Weaknesses
will be sought in the witness' qualifications, knowledge
of the scope, limits, validity, and reliability of the witness'
area of specialization, application of the area of specialized
knowledge to the facts of the case, and/or relevance of
the evidence to the issues in the case.
