Course Description

This course is designed to prepare students for courtroom testimony as expert witnesses. Students will learn the role scientific evidence and expert witness testimony play in criminal and civil cases in the United States court system as well as key court rulings relating to expert testimony. Expert testimony and evidence admissibility standards will be compared between the federal and state court systems, as well as ethical considerations for expert testimony. Challenges to scientific testimony admissibility will be discussed in depth, focusing on current court decisions that impact the impact the admissibility, content, and format of scientific testimony.

In addition to testimony admissibility, the course will discuss the process of scientific testimony. Students will be learn how witnesses are qualified for expert testimony and how to testify under both direct examination and cross examination situations. At the end of the course, students will be required to participate in a mock testimony exercise that will require them to apply course material as they prepare and testify as an expert witness in a mock criminal case.

Course Textbook

Bowers, M.C. (2014). Forensic Testimony: Science, Law, and Expert Evidence (1st ed). Academic Press: Amsterdam. ISBN: 9780123970053 (Hardback) / ISBN: 9780123972606 (E-book)

Helpful Resources

Mock Trial Strategies

This website was developed to help schools develop Mock Trial teams. The website includes a lot of helpful strategies and videos that will help you prepare for the Mock Trial Exercises in this course. I encourage you to review the materials provided under the Educational Material heading when you developing your testimony materials.

The Mock Testimony Project requires creation of a Curriculum Vitae (CV) for an expert witness on latent fingerprints. The resources provided below are intended to help you construct this document.

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CV Guide

During the Mock Testimony Project, you will play the role of Defense Attorney, Prosecutor, or Expert Witness. The resources provided are issues of the Federation of Defense & Corporate Counsel (FDCC) Quarterly journal. These issues contain articles designed to help you prepare effective opening statements as well as prepare testimony questions for expert witnesses on direct examination and cross-examination.

Opening Statements as Persuasive Advocacy

Brook 2013 _ Opening Statements as Persuasive Advocacy

Direct Examination of Expert Witnesses

Kuchler-2010-_-Direct-Examination-of-Expert-Witnesses

Expert Witnesses as Teachers

Jaroslaw-Michael-2012-_-Expert-Witness-as-a-Teacher

The Art of Cross-Examination

Clark-2011-_-The-Art-of-Cross-Examination

The Mock Testimony Project features a latent fingerprint expert. The resources provided below will help you understand latent fingerprint comparison process terminology, evaluation strategies, and analysis limitations. These documents were published by the Scientific Working Group on Friction Ridge Analysis, Study and Technology (SWGFAST), which was established to identify best practices in fingerprint analysis.

Fingerprint Examination Standards

SWGFAST Examination Standards

Fingerprint Examiner Qualification and Training Standards

SWGFAST Examiner Qualifications and Training Standards

Standard Terminology for Fingerprint Examination

SWGFAST Standard Terminology Guide

Your Content Goes HereFingerprint Examination (ACE-V) Process

The book excerpt provided here is provided by the National Criminal Justice Reference Service. This chapter explains the ACE-V examination method used for fingerprint analysis and summarizes the Quality/Quality debate in fingerprint identification. I encourage you to review this chapter when preparing for your Mock Testimony Exercise.

Chapter 9 _ Examination Process

Online Courses for Forensic Experts

Reference Materials _ Expert Community Online Free Course Materials

The National Institute of Justice (NIJ) has created a series of free, online training programs for forensic analysts on a variety of topics. One course is called Communication Skills, Report Writing, and Courtroom Testimony for Forensic Analysts. The NIJ course description is provided below:

  • Communication Skills. Learn to choose the ideal modality for message delivery considering the purpose, location, and audience; effectively present technical information verbally; organize thoughts and create an extended outline before writing; and organize papers using bullet points.
  • Report Writing. Learn requirements for an STR (Short Tandem Repeats) DNA report and guidelines for writing a good STR DNA report.
  • Courtroom Testimony. Become familiar with courtroom structure and personnel within the court; basic courtroom procedures and protocols; rules of evidence, discovery, and admissibility; general qualifications to testify as an expert witness; appropriate demeanor and attire; how to present technical testimony and evidence; the ethical considerations when presenting DNA-related testimony and the impact of providing faulty or erroneous evidence; and basic techniques for handling hostile attorneys.

The National Institute of Justice (NIJ) has created a series of free, online training programs for forensic analysts on a variety of topics. One course is called Law 101: Legal Guide for the Forensic Expert. The NIJ course description consists of thirteen modules:

  1. Sources of Scientific Evidence
  2. Report Writing and Supporting Documentation
  3. Importance of Case Preparation
  4. Subpoenas vs. Promises to Appear
  5. Affidavits
  6. Being a Court-Appointed Expert
  7. Discovery
  8. General Testifying Tips
  9. Depositions
  10. Pretrial
  11. Trial
  12. Post-Trial, Pre-Sentencing
  13. Ethics for Experts
Reference Materials _ Law 101 Online Free Course Materials