Expert Evidence

Psychologists, psychiatrists, and other mental health professionals may be experts in their respective fields, but this expertise does not easily translate to effective courtroom testimony. Even veteran expert witnesses can encounter new challenges in these high-pressure situations, especially during a cross-examination where every statement and gesture can be scrutinized by an attorney searching for ways to dispute the expert's credibility and opinions. For more than two decades, Stanley L. Brodsky has taught expert witnesses simple and practical strategies they can use to negotiate challenges in the courtroom and give strong, effective testimony. In this thorough update to his classic guide, Brodsky and his equally prolific coauthor, Thomas G. Gutheil, continue to provide sage, humorous advice that will put expert witnesses at ease and allow them to comport themselves with poise and confidence throughout direct and cross-examination. Short chapters punctuated by memorable maxims draw from the authors' expansive personal experiences, as well as research and stories from other expert expert witnesses, to create this must-have resource that will inform and entertain expert witnesses for many years.

Science tutorials provide an early opportunity for the court to learn and ask questions about relevant science and technology prior to deciding substantive disputed issues in a litigation. For example, a court may request presentations on general scientific principles, key vocabulary, how products or technologies are designed to operate, or how certain injuries or diseases develop. Science tutorials can also be used to explore different scientific theories or science-based assertions raised by the parties. Learning about the relevant science outside the context of normal motion practice allows for additional time to digest key concepts and provides the court a more fulsome view of the science than the views advanced in legal briefs.

Expert Evidence provides in-depth coverage of the topics that lawyers and judges must know when dealing with expert testimony concerning medicine, engineering, psychology, economics, and forensic science, among other areas. It covers the topics common to all such testimony and focuses on scientific and statistical evidence, providing sophisticated and up-to-date explanations and analyses of: The principles and policies underlying all the approaches to admitting scientific evidence, from the traditional relevance standard to the most restrictive interpretations of the Supreme Court's watershed opinion in Daubert v. Merrell Dow Pharmaceuticals An in-depth look at the continuing importance and practical operation of the Frye standard Qualifications for expert witnesses Permissible subject matter and allowable bases for expert testimony The learned treatise exception to the hearsay rule The impact of evidence-based medicine and more rigorous legal standards for proof of causation in product liability and medical malpractice cases Of immense value in civil and criminal litigation, this resource is packed with authoritative answers to your most pressing admissibility questions, providing: The only extensive treatment showing you how to invoke the exceptions to the exclusionary rules in both federal and state courts The most up-to-date analysis of these crucial and complex evidentiary rules, with hundreds of cases and the latest state codifications as well as thorough background, so you can underpin your argument with powerful support Expert guidance on framing limiting-instructions to protect a party from jury misuse of evidence Extensive breakdown into subsections, so you can find the specific material you need quickly and easily Filled with practice-proven insights and guidance, Expert Evidence enables you to: Master the underlying legal principles of expert evidence as they apply to your case Formulate novel arguments based on solid precedent Validate expert evidence in products liability, medical malpractice, criminal forensics, criminal prosecutions, criminal defense, and appellate matters Identify statistical fallacies quickly and easily Find vital information and development winning strategies using numerous tables, charts, and graphs Expert Evidence deals with the ideas behind the cases in a sophisticated way