CFC Courtroom Presentation & Testimony 4

Question 1

A forensic expert who receives a subpoena duces tecum for all notes and working papers must:

Accepted Answer

Produce all responsive documents, including draft reports and scratch notes

Answer

A subpoena duces tecum requires production of all responsive materials; destroying documents after receipt constitutes spoliation.

Question 2

During redirect examination, the purpose is to:

Accepted Answer

Rehabilitate the expert witness's credibility and clarify testimony challenged on cross

Answer

Redirect examination gives the sponsoring attorney the opportunity to address damage done to the expert's credibility during cross-examination.

Question 3

In a bench trial (no jury), the forensic consultant should adjust their testimony by:

Accepted Answer

Using slightly more technical language since the judge has legal training

Answer

Judges have legal training and can process more technical information than lay jurors, allowing for slightly more sophisticated presentations.

Question 4

A Frye hearing (general acceptance test) most often arises in which context?

Accepted Answer

State courts in jurisdictions that have not adopted the Daubert standard

Answer

Many states still use the Frye standard, requiring that a scientific technique be 'generally accepted' in the relevant scientific community.

Question 5

When the opposing attorney employs the 'looping' cross-examination technique, they are:

Accepted Answer

Incorporating the expert's prior answer into the next question to box in the witness

Answer

Looping uses the expert's own answer as the premise of the next question, progressively narrowing the expert's ability to qualify responses.

(CFC) Certified Forensic Consultant Practice Test