CCP Expert Witness Report Writing 3 — Questions and Answers
Question 1: The Daubert standard primarily requires the trial judge to assess whether expert testimony is:
- Consistent with the majority view in the field
- Relevant and based on a reliable scientific methodology (Correct answer)
- Presented by a witness with at least a doctoral degree
- Corroborated by physical evidence in the case
Correct answer: Relevant and based on a reliable scientific methodology
Under Daubert, the judge acts as gatekeeper to ensure expert testimony rests on reliable methodology and is relevant to the facts at issue.
Question 2: Which of the following best describes a 'linkage analysis' report in criminal profiling?
- A report connecting a suspect's finances to criminal activity
- An analysis connecting multiple crimes to a common offender based on behavioral similarities (Correct answer)
- A report linking physical evidence from different crime scenes
- A psychological evaluation linking a suspect to a diagnostic category
Correct answer: An analysis connecting multiple crimes to a common offender based on behavioral similarities
Linkage analysis examines behavioral, modus operandi, and signature elements across crimes to determine whether a single offender committed multiple offenses.
Question 3: In expert report writing, 'signature' behavior should be distinguished from MO because:
- Signature is legally admissible while MO is not
- MO serves practical offense needs while signature reflects psychological need and is more crime-to-crime consistent (Correct answer)
- Signature involves physical evidence and MO does not
- Courts recognize only MO evidence under Federal Rules of Evidence
Correct answer: MO serves practical offense needs while signature reflects psychological need and is more crime-to-crime consistent
MO can evolve for tactical reasons, but signature behaviors satisfy deep psychological needs and tend to remain stable, making the distinction critical in linkage reports.
Question 4: When an expert witness is asked on cross-examination about a study that contradicts their opinion, the appropriate response in later report revisions is to:
- Omit the contradictory study entirely
- Address and distinguish the contradictory study in the limitations or methodology section (Correct answer)
- Withdraw the report and resubmit without the disputed opinion
- File a motion in limine to preclude the contradictory study
Correct answer: Address and distinguish the contradictory study in the limitations or methodology section
Credible experts acknowledge contrary literature and explain why it does not alter their conclusion, strengthening rather than avoiding the issue.
Question 5: A profiling report's executive summary should:
- Contain all statistical citations and raw data
- Provide a concise overview of key findings and conclusions for non-expert readers (Correct answer)
- Replace the detailed analysis sections for brevity
- Be written last but placed first only in academic submissions
Correct answer: Provide a concise overview of key findings and conclusions for non-expert readers
The executive summary distills the most important findings for attorneys, investigators, and judges who need a quick, accurate overview before reading the full report.
Question 6: Under FRE 26(a)(2)(B), a retained expert's written report must include:
- Only the expert's curriculum vitae and fee schedule
- A complete statement of all opinions and the basis for them, plus data considered, exhibits, qualifications, prior testimony, and compensation (Correct answer)
- A summary of the crime scene photos reviewed
- The expert's psychological assessment of the defendant
Correct answer: A complete statement of all opinions and the basis for them, plus data considered, exhibits, qualifications, prior testimony, and compensation
FRCP 26(a)(2)(B) mandates a comprehensive disclosure covering opinions, their bases, all considered data, exhibits, qualifications, prior testimony, and compensation.
Question 7: When a profiler's report opinion is challenged as 'novel science,' the expert should document:
- That the technique has been used for more than ten years
- Peer review, publication, known error rates, general acceptance, and testability of the methodology (Correct answer)
- FBI endorsement of the profiling method used
- The number of convictions that relied on similar reports
Correct answer: Peer review, publication, known error rates, general acceptance, and testability of the methodology
The Daubert factors — testability, peer review/publication, error rates, and general acceptance — are the standard checklist for validating novel scientific methods.
CCP Expert Witness Report Writing 3
The Daubert standard primarily requires the trial judge to assess whether expert testimony is: