CFN Courtroom Testimony and Procedures 5 — Questions and Answers
Question 1: A forensic nurse is testifying when the judge sustains an objection to a question that has already been partially answered. The nurse should:
- Complete the answer since it was already partially given
- Stop immediately and await further instruction from the judge (Correct answer)
- Ask the calling attorney whether to continue
- Summarize what she had said and then stop
Correct answer: Stop immediately and await further instruction from the judge
When a judge sustains an objection, testimony must cease immediately; the judge may instruct the jury to disregard what was said.
Question 2: Which ethical obligation must a forensic nurse maintain when retained by the defense rather than the prosecution?
- Advocate for findings that support the defense's theory of the case
- Provide objective, unbiased, and scientifically accurate testimony regardless of which side retained her (Correct answer)
- Decline to testify about findings that may harm the defense
- Align her opinions with those of other defense experts to present a unified position
Correct answer: Provide objective, unbiased, and scientifically accurate testimony regardless of which side retained her
Expert witnesses owe their primary duty to the court and the truth, not to the retaining party, regardless of which side has engaged them.
Question 3: The Frye standard for admissibility of expert testimony requires that the scientific method used be:
- Peer-reviewed and published within the last decade
- Generally accepted within the relevant scientific community (Correct answer)
- Validated through controlled clinical trials with statistical significance
- Endorsed by both a national medical association and a forensic nursing organization
Correct answer: Generally accepted within the relevant scientific community
The Frye standard, used in some jurisdictions, holds that scientific evidence is admissible only if the underlying methodology is generally accepted by the relevant scientific community.
Question 4: A forensic nurse who testifies falsely while under oath may face which consequence?
- Loss of nursing license only
- Criminal charges for perjury in addition to professional disciplinary action (Correct answer)
- A civil fine payable to the court without criminal liability
- Automatic disqualification from future expert witness engagements
Correct answer: Criminal charges for perjury in addition to professional disciplinary action
Perjury is a criminal offense, and a forensic nurse who lies under oath may face criminal prosecution as well as licensure sanctions and reputational damage.
Question 5: When a forensic nurse is asked to estimate the age of injuries based on wound characteristics, she should express this finding as:
- A precise time since it is a medical fact derivable from clinical signs
- An estimate within a range, noting the limitations of injury dating (Correct answer)
- An exact time confirmed by the patient's history alone
- A conclusion based solely on photographic evidence
Correct answer: An estimate within a range, noting the limitations of injury dating
Injury aging is inherently imprecise; responsible testimony acknowledges the range of estimates and the variables that affect wound appearance over time.
Question 6: Which scenario best illustrates a forensic nurse exceeding her scope as an expert witness?
- Describing the physical appearance of documented injuries
- Opining that the defendant intended to cause harm based on the injury pattern (Correct answer)
- Explaining the clinical significance of bruising coloration
- Reviewing and summarizing findings from her own patient examination
Correct answer: Opining that the defendant intended to cause harm based on the injury pattern
Determining intent is a legal conclusion reserved for the finder of fact (jury or judge); a forensic nurse may describe physical findings but should not opine on the alleged perpetrator's mental state or intent.
Question 7: A forensic nurse receives a subpoena duces tecum. This requires her to:
- Appear in court and testify only when called upon
- Produce specific documents or records in addition to or instead of appearing to testify (Correct answer)
- Provide a written deposition in lieu of in-person court testimony
- Submit her curriculum vitae to the court prior to the trial date
Correct answer: Produce specific documents or records in addition to or instead of appearing to testify
A subpoena duces tecum (literally 'bring with you') compels the witness to produce specified documents, records, or other tangible evidence.
CFN Courtroom Testimony and Procedures 5
A forensic nurse is testifying when the judge sustains an objection to a question that has already been partially answered.
The nurse should: