Courtroom Ethics of Forensics

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Elaborated on requirements for expert testimony.

- Evidence must be :

1. Both necessary and relevant to case - Testimony cannot be over and above what the individual was called for - must help jury/judge understand the evidence.

2. Experts must be properly qualified to testify on topic - must give credentials

The final report

Before the testimony.

- should be :

1. Accurate - links back to honesty.

2. As complete as possible - all relevant info included.

3. Exude air of competency and conscientious (deliberate explanation)

- Report has 2 parts (not included in final)

- one page summary of skeletal analysis:

Case number, date & investigator names, condition of remains, post-mortem interval, ancestry,

sex, age at death, stature, trauma, & unique skeletal characteristics.

2. Description of methods & detailed discussion of results. - process of how you went about your analysis.

- background of case

- general conditions of remains

c) complete inventory

d) demography: ancestry, age, sex, stature.

e) antemortem, perimortem, postmortem injuries

f) recommendations for further testing (beyond scope/expertise of forensic anthropologist) - if not confident with results, ask for additional testing or CT scan for example or a specialist to help gather data.

g) appendices – photographs, data tables, stats - results -inventory- maps - x relays - line drawings etc

Courtroom Testimony

Procedures for casework:

- Request fee

- Establish and maintain procedures for chain of custody

- Take detailed notes at every stage of analysis - sometime you're not present but document everything that you are present for.

- If a testimony is required, there are 5 phases to go through:

- Pre-trial meeting - meeting with lawyer who requested your presence

- they will go through trial procedures with you

- They request you because they got a hold of the report you gave to the police.

- In the meeting, remind them what you can and cant do (csi effect).

- Present your expertise eg background

- Fix any misunderstandings lthe awyer might have - educate lawyer so they have proper understanding and know what questions to ask.

2. Establishing qualifications - Your whole career will be assessed

3. Direct examination - After you are deemed an expert - teaching jury and opposing lawyer and judge - Providing evidence and opinions.

4. Cross-examination - other lawyer attempts to impeach your testimony by finding results inconsistent with evidence you provided - This really challenges your expertise so you have to make sure the pre trial meeting goes well and you and the lawyer are in sync.

5. Redirect examination - opportunity to redirect examination - clarify questions brought up by opposing lawyer + do what you can to avoid losing credibility.