Chicago Murder Prosecution Falters When Expert Fails to Stay Within His Lane
Currently, a murder trial is underway in Chicago wherein former Chicago police officer Jason Van Dyke is charged with unlawfully killing Laquan McDonald by shooting him 16 times. The shooting was captured on police dashcam video. The prosecution called FBI forensic video analyst Mark Messick who had enhanced the video evidence and inserted...
Stay Within Your Lane!: The Importance of Knowing Your Boundaries as an Expert Witness
When an expert witness is tendered before the court, the attorney presenting the witness must advise the judge as to the specific field(s) of expertise in which the attorney wants the witness qualified. At the conclusion of the qualification voir dire, in which the proposed expert’s qualifications are examined, and after hearing legal...
Always Have a Plan “B” For Your Courtroom Presentation
In my “Courtroom Testimony for Expert Witnesses” course, I discuss the importance of multi-modal learning. While the delivery of an expert witness’s evidence will, by necessity, be largely testimonial, it is essential that the expert witness incorporate other methods of delivering the evidence as well in order to be a truly effective communicator....
Peer Review: The Obligations of the Peer Reviewer and the Expert
Peer review is an often overlooked but important step in the finalization of an expert report. Once an expert has completed his/her expert report, especially one in which the expert has formed an opinion or conclusion, it should be given to another expert for peer review. This article will discuss the purposes of...
Does an Expert Witness Need to be Certified?
A question that sometimes arises in the context of expert evidence is whether an expert must be “certified” in order to be an expert witness. There is a frequently espoused view that an expert who has been certified by an organization is better than one who has not been so certified. This quest...
Expert Witnesses: The Need to Remain Current
Expert witnesses are professionally and ethically obligated to remain current in their field of expertise. Parties who retain experts and the courts that rely upon their testimony are entitled to expect that they are receiving the latest information from their experts. When I am tendering an expert witness before the court, in the...
Computer Generated Evidence: What Must the Expert Know?
In many areas of scientific expertise, computers are used to generate what will often be used as evidence in court. Examples include video image clarifications, 2D and 3D modelling, collision simulations, crime scene diagrams, etc. A common tactic used in court is for opposing counsel to grill the expert on his/her knowledge of...