Admissibility of Expert Evidence

The Litigator’s Handbook of Forensic Medicine, Psychiatry, and Psychology discusses admissibility in chapter 2. The state of expert evidence law is deplorable. Given that few jurists and lawyers can properly evaluate science, and the prevalence of advocate and expert misconduct (intentional and not), the consequences of junk science in courtrooms across the English-speaking world are extreme. 

This chapter educates lawyers, judges and experts on the full range of subjects required to properly introduce, challenge, evaluate and admit or deny expert evidence, including specifically, proper gatekeeping methods for judges and effective direct and cross-examination techniques for litigators. Particular topics include: 

• The Daubert trilogy’s requirements

• Testing the helpfulness of the proffered evidence

• Step-by-step instruction for conducting an expert direct examination

• Tips for developing an expert examination strategy

• Determining reliability, including if the proffered expert & evidence “fit” the fact at issue

• Hypothesis testing, including internal consistency, logical structure, and consistency

• The peer review process, why it’s important and how to evaluate the quality of scientific literature

• Expert qualifications

• Detailed selection criteria for choosing an expert

• Step - by - step instruction for conducting an expert cross examination

• The necessity for the expert to have expertise in the history, methods, procedures

• Error rates, including types of error, sources of error and sensitivity and specificity concerns

• The various types of validity, including external, internal, construct and statistical conclusion

• Testing the proficiency of experts

Providing a thorough review of the literature, comprehensive coverage of the elements necessary to admit (or deny) introduction of expert evidence and detailed guidance on how to conduct direct and cross examinations, Admissibility, Direct & Cross is a must for litigators, judges and experts.