Legal Responsibilities and Expert Testimony Flashcards
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Which organization publishes the Specialty Guidelines for Forensic Practitioners that governs the conduct of forensic medicine experts in the United States?
Answer: American Psychology-Law Society / APA Division 41
The Specialty Guidelines for Forensic Practitioners are published by the American Psychology-Law Society (APA Division 41) and are widely applied to forensic medicine experts.
A forensic medicine expert receives a subpoena to testify but believes the testimony would require disclosing privileged information. The correct legal mechanism to challenge the subpoena is:
Answer: Filing a motion to quash or a motion for a protective order
A motion to quash or a motion for a protective order is the proper legal mechanism to challenge a subpoena that requires disclosure of privileged information.
What is the significance of the National Academy of Sciences 2009 report 'Strengthening Forensic Science in the United States' for expert testimony?
Answer: It identified serious deficiencies in many forensic disciplines and questioned the scientific validity of certain forensic methods
The 2009 NAS report identified significant methodological weaknesses in multiple forensic disciplines and increased judicial and legal scrutiny of forensic expert testimony.
When a forensic expert is asked a hypothetical question during direct examination, the purpose is to:
Answer: Enable the expert to apply their expertise to assumed facts without having personally reviewed all underlying materials
Hypothetical questions allow experts to render opinions based on assumed facts posed by counsel, which is a legitimate way to elicit expert analysis tied to the evidence.
A forensic medicine expert's opinion is challenged because the error rate for the methodology used is unknown. This challenge is most directly related to which Daubert factor?
Answer: Whether the technique has a known or potential rate of error
One of the four Daubert factors specifically asks whether the technique has a known or potential rate of error and whether there are standards controlling its operation.
In a criminal case, a forensic medicine expert retained by the defense discovers evidence that would hurt the defendant. Ethically, the expert should:
Answer: Disclose the adverse finding to defense counsel who then decides how to proceed
The expert's ethical obligation is to be honest and complete with retaining counsel; defense counsel then exercises legal judgment about disclosure obligations under applicable rules.
Which evidentiary principle allows a forensic medicine expert to rely on materials not independently admissible in evidence when forming their opinion?
Answer: FRE 703, which permits reliance on materials reasonably relied upon by experts in the field
FRE 703 allows experts to base opinions on facts or data not admissible in evidence, provided such materials are reasonably relied upon by experts in the particular field.