The function of a trial court is to decide the legal dispute that is brought before it by the litigants. In a criminal case, it is the state that charges…
Chicago Murder Prosecution Falters When Expert Fails to Stay Within His Lane
Currently, a murder trial is underway in Chicago wherein former Chicago police officer Jason Van Dyke is charged with unlawfully killing Laquan McDonald by shooting him 16 times. The shooting…
Frame by Frame Analysis: Better than Just Hitting Play
Video images can provide significant information about what occurred during an event and about the people involved. Being an objective observer, the video camera records the events that occurred before…
Stay Within Your Lane!: The Importance of Knowing Your Boundaries as an Expert Witness
When an expert witness is tendered before the court, the attorney presenting the witness must advise the judge as to the specific field(s) of expertise in which the attorney wants…
Case Study: Failure to Authenticate Surveillance Video Leads to Exclusion of Evidence
Authentication is a prerequisite for the admissibility of video evidence. As discussed in several articles on this website, failure by the tendering party to lead sufficient reliable evidence to prove…
A Brave New World?: Authenticating Electronic Evidence and the Impact of FRE Rule 902(14)
In the United States, the Federal Rules of Evidence (FRE) govern many aspects of evidence admissibility in federal cases. Given that many states have adopted portions of the FRE, the reach…
Always Have a Plan “B” For Your Courtroom Presentation
In my “Courtroom Testimony for Expert Witnesses” course, I discuss the importance of multi-modal learning. While the delivery of an expert witness’s evidence will, by necessity, be largely testimonial, it…
Peer Review: The Obligations of the Peer Reviewer and the Expert
Peer review is an often overlooked but important step in the finalization of an expert report. Once an expert has completed his/her expert report, especially one in which the expert…
Narrating Video Evidence: Helping to Tell the Story
Rarely can we expect the trier of fact to watch video evidence and fully understand both the overall picture of what happened and specific pertinent details. The trier of fact…
Does an Expert Witness Need to be Certified?
A question that sometimes arises in the context of expert evidence is whether an expert must be “certified” in order to be an expert witness. There is a frequently espoused…
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