Articles Posted in Experts

Law enforcement lay and expert testimony, potential for confusion.
Philip D. Cave

United States v. Lopez-Medina, 461 F.3d 724 (6th Cir. 2006). Federal Evidence Review draws attention to this case on the issue of law enforcement testimony. The case involved drugs. In military prosecutions we have similar situations where law enforcement testifies about drugs. The circuit concluded that plain error resulted: “We conclude that permitting police officers…

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Internet crimes & experts & role-play.
Philip D. Cave

Expert Can Testify About “Role-Playing In … Sexually Explicit Conversations On The Internet”, Federal Evidence Review, 25 September 2008. For those of us who have done internet solicitation cases, the concept of role-playing and lying amongst participants is a known serious issue. These cases, as have mine, usually come up because the client shows up…

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Voodoo Science.
Philip D. Cave

What do you do if you have government sponsored or endorsed “science” that helps catch thieves, cheats, and liars, and other scientists question the validity of your science — you threaten a lawsuit for libel. Professor Tillers has picked up on the interesting topic of voice analysis as first raised on Deception blog. He’s noted…

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Dedrick Fisher and shaken baby prosecutions
Philip D. Cave

Patrick Clayborn, Pre-court-martial hearing held for Fort Rucker soldier, 11 February 2009. So called shaken-baby cases can be difficult. The evidence of nexus between acts alleged and injury or death can be ambiguous and subject to interpretation, or in some cases overpowering. There are several cases worth reading in this area, Warner, in particular is…

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Crawford & Expert Testimony
Philip D. Cave

In April we posted about Crawford and expert testimony, and we’ve blogged about other confrontation issues. A commenter has brought some helpful information to our attention, and now yours. 1. Federal Criminal Defense Journal. The Fall inaugural issue is on line. It’s a new journal so we’ll have to see where it takes us, but…

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