Articles and Reports

JTIP Handout: Lesson 29 – Experts

Bibliography

Articles and Reports

False Confessions

·  Saul M. Kassin, False Confessions Causes, Consequences, and Implications for Reform, 17 Current Directions in Psychol. Sci. 249 (2008), available at http://www.williams.edu/Psychology/Faculty/Kassin/files/Kassin%20(2008)%20-%20APS%20CD.pdf.

·  Gisli Gudjonsson, The Psychology of Interrogations, Confessions, and Testimony (2004) (treatise on law and science of false confessions).

·  Richard A. Leo & Richard J. Ofshe, The Consequences of False Confessions: Deprivations of Liberty and Miscarriages of Justice in the Age of Psychological Interrogation, 88 J. Crim. L. & Criminology 429 (1998).

Eyewitness Testimony

·  Gary Wells & Elizabeth Olson, Eyewitness Testimony, 54 Ann. Rev. Psychol. 277 (2003) (review of variables that affect eyewitness identifications).

·  Saul M. Kassin et al., On the “General Acceptance” of Eyewitness Testimony Research: A New Survey of the Experts, 56 Am. Psychol. 405 (2001).

Fingerprints

·  Nat’l Research Council of the Nat’l Acads., Strengthening Forensic Science in the United States: A Path Forward (2009).

Ballistics

·  Nat’l Research Council of the Nat’l Acads., Ballistic Imaging (2008).

·  Adina Schwartz, A Systematic Challenge to the Reliability and Admissibility of Firearms and Toolmark Identification, 6 Colum. Sci. & Tech. L. Rev. 2 (2005).

·  Alfred Biasotti & John Murdoch, The Scientific Basis of Firearms and Toolmark Identification, in 3 Modern Scientific Evidence: The Law and Science of Expert Testimony 495 (Faigman et al. eds., 2002).

Cases

False Confessions

·  United States v. Roark, 753 F.2d 991 (11th Cir. 1985) (where the exclusion of expert testimony regarding inculpatory statements and confessions that were involuntary was reversible error; such testimony had probative value for the jury to consider).

Ballistics (Tool Marks)

·  United States v. Green, 405 F. Supp. 2d 104 (D. Mass. 2005) (holding that methods used to analyze the ballistics/toolmark evidence were flawed and lacked reliability understood in Daubert).

Right to Expert Assistance

·  Ake v. Oklahoma, 470 U.S. 68 (1985) (where defendant made showing that sanity is going to be a significant factor at trial, the Constitution requires access to a psychiatrist’s assistance on this issue should the defendant not be able to afford one).

·  Caldwell v. Mississippi, 472 U.S. 320, 323 n.1 (1985) (reserving the “equally important questions of whether and when an indigent defendant is entitled to non-psychiatric expert assistance”).

Right to Expert Assistance: Three-Prong Test

·  Mathews v. Eldridge, 424 U.S. 319 (1976) (applying a three-factor approach to determining whether due process requires that a defendant receive expert assistance for his or her defense).

Admissibility of Expert Testimony

·  Kuhmo Tire Co. v. Carmichael, 526 U.S. 137 (1999) (holding that the judge may serve as “gatekeeper” for not only scientific testimony, but for all expert testimony).

·  Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993) (finding that admission of expert testimony depends on whether it is scientific knowledge that will assist the trier of fact in understanding an issue or evidence at trial).

·  Frye v. United States, 293 F. 1013, 1014 (D.C. Cir. 1923) (finding when the question involved does not lie within common knowledge or experience, then the opinions of an expert witness in that particular science, trade or art is admissible in evidence).

Expert Funding

·  Ake v. Oklahoma, 470 U.S. 68, 82-83 (1985) (where defendant made showing that sanity is going to be a significant factor at trial, the Constitution requires access to a psychiatrist’s assistance on this issue should the defendant not be able to afford one).

Statutes

Independent DNA Testing

·  The Innocence Protection Act, D.C. Code § 22-4132(b)(1)-(2) (2005).

Notice of Expert Testimony

·  D.C. Super Ct. Juv. R. 16(b)(1)(C).

·  Utah Code § 77-17-13 (2003).

JTIP UNIT IX: Trial Skills Lesson 29 – Experts