Expert Evidence

Spring 2018

University of Tulsa

College of Law

Professor:Tamara R. Piety

Office:234

Phone:918-631-2490

Office Hours:TBA and by appointment

E-Mail:

Required Texts: (1) Conley & Moriarty, Scientific and Expert Evidence (2nd ed.)

(2) Strengthening Forensic Science in the United States: A Path Forward, Report from the National Research Council

(3) Robert A. Burton, On Being Certain: Believing You Are Right

Even When You’re Not

Will also be using handouts and other materials from time to time

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Expert Evidence

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This course reviews specific topics of scientific and expert evidence in more depth than is possible in the basic evidence course. We begin with an exploration of the philosophy of science and some of the problems of knowledge and belief. We will then look at specific areas of expert and scientific testimony. Topics to be covered include an introduction to the scientific method, basic principles of statistics and economics for lawyers, DNA evidence, fingerprinting and other forensic sciences, issues in experimental psychology and behavioral science, accident and crime reconstruction qualifying, deposing and examining experts and some considerations of the ethical issues and implications for law reform arising from scientific discovery. Additional subjects may be covered as conditions warrant. Some material will be on line and in handouts. The class will regularly feature guest lectures.The assessment in the class will be based on a final exam and class participation.

Syllabus

The following is an estimated schedule for the course. In general each unit corresponds to a class period but in some cases will cover more than one class period. From time to time I may give you more specific instructions than are provided here (for example, that certain portions of the reading need only be skimmed). Materials listed that are not one of the books assigned for the course are (or should be) available on TWEN. Please notify me promptly if you are unable to access them. These assignments are subject to modification. Therefore, if you miss a class, please check with classmates to be sure that you have read the material we will be covering!

Introduction

#1What is Science?- Admissibility generally – Part I

(1)Conley & Moriarty, Scientific and Expert Evidence – Chapter 1, pp. 1-67.

(2) Burton, On Being Certain, Chapts. 1-5

(3) FRE 702-706

#2Science and Law – Admissibility generally – Part II

(1)Conley & Moriarty, Scientific and Expert Evidence – Chapt. 2, pp. 67-128.

(2)FRE 702-706.

(3)Strengthening Forensic Science, Introduction

#3Statistics and Empiricism

(1)Conley & Moriarty, Scientific and Expert Evidence – Chapt. 3, pp. 129-78.

(2)Strengthening Forensic Science, pp 111-125.

(3) Reading TBA on study design

#4Expert Testimony in Psychology- Part I

(1)Conley & Moriarty, Scientific and Expert Evidence -Chapt. 5, pp. 237-73.

(2)Munchausen Syndrome by Proxy article [TWEN]

#5Expert Testimony in Psychology – Part II

(1)Conley & Moriarty, Scientific and Expert Evidence -Chapt. 5, pp. 273-304.

#6Expert Testimony in Psychology- Part III

(1) Materials TBA re research in psychology

#7Expert Testimony in Psychology – Part III

(1)Conley & Moriarty, Scientific and Expert Evidence – Chapt. 9, pp. 503-48.

(2)Burton, On Being Certain, Chapts. 5-10

# 8Accident Reconstruction – Part I

(1)Conley & Moriarty, Scientific and Expert Evidence – Read Chapt. 10, pp.549-

# 9Visit to the TU Garage – Dr. Jeremy Daily

# 10Forensics Generally

(1)Conley & Moriarty, Scientific and Expert Evidence – Chapt. 6, pp.317-69.

(2) Strengthening Forensic Science, pp. 35-53; 85-110 & Chapter 5, pp. 127-82.

(3) Burton, On Being Certain, Chapts. 11-15.

#11FIELD TRIP: Tour of OSU Health sciences program and TPD lab – Date TBA

# 12Forensic Science – Fingerprints

(1)Llera-Plaza I & II opinions [TWEN].

(2)Strengthening Forensic Science –Chapt. 10, pp. 269-278.

#13Coroners, Medical Examiners and Other Administrative Issues

(1)Conley & Moriarty, Scientific and Expert Evidence – Chapt. 6, pp. 369-83.

(2)Strengthening Forensic Science – Chapter 2, pp 55-85 & Chapt. 9, pp. 241-268.

Guest Lecture/Field Trip: Dr. Miriam Belnaker – Forensic Anthropology

TU Anthropology, Harwell Hall Seminar Room 2nd floor

#14Crime Scene Reconstruction: Arson Investigations

(1)Conley & Moriarty, Scientific and Expert Evidence – Chapt. 2, pp.118-22 & Chapt. 10, pp. 573-88.

(2)David Grann, Trial by Fire, The New Yorker (article about the Todd Willingham case) [TWEN].

(3)Strengthening Forensic Science – Chapter 5, pp 170-73 (material on explosives and fire debris).

# 15DNA– Part I

(1) Conley & Moriarty, Scientific and Expert Evidence – Chapt. 4, pp. 185-213.

# 16DNA – Part II

(1) Conley & Moriarty, Scientific and Expert Evidence – Chapt. 4, pp. 213-35.

Guest Lecturer – Doctor Robert Allen – Director, OSU-HSC

# 17Ethical Issues

(1)Conley & Moriarty, Scientific and Expert Evidence – Chapt. 11, pp.613-51.

(2) Burton, On Being Certain – Chapts. 10-15

Class Policies and Procedures

Attendance Policy: Attendance is mandatory. Regular class attendance is a vital part of preparation for the exam. If you miss a class it is your responsibility to obtain any in-class announcements, notes and assignments. The American Bar Association Accreditation Standard 305(c) requires you to be in “regular” class attendance. If you miss more than FOUR (4) classes I cannot consider you in regularattendance andyou will dropped from the class!

Class Meetings: Our regular class meeting time is 10:30-11:45 AM on Mondays and Wednesdaysin Room 203.

Class Participation: Participation will count towards your final grade (See Grades below). Class participation will be worth 10 points of the final grade. These points will be assessed on the basis of quality as well as quantity and entirely subject to my discretion. Participation is essential to keeping class interesting, particularly since the class is so small. However, please remember to be respectful of your classmates and wait to be called on. Do not just shout out comments, answers, observations, etc. Some part of the participation will include in-class presentations and will require you to contribute materials to the class discussions.

NOTE: From time to time it may be necessary for me to cut off discussion in order to enable us to cover the material that we need to cover. These instances should not be interpreted as a reflection of my judgment on the quality or importance of the discussion or of any individual’s contribution. Please feel free to follow up with me after class or during office hours if you have additional questions.

Class Preparation:You must read the materials assigned for the class. A small class depends on everyone reading the materials and participating. If you do not read the materials you will not be able to participate meaningfully. From time to time we will have guest lecturers. I will expect everyone to be especially well prepared for our guests.

Conduct:You should treat the classroom as you would the courtroom. That means you should behave in a professional manner. This includes being punctual.If you are more than 5 minutes late please try to enter as quietly as possible

Grades: The final grade will be based on:

  • Class participation (10 pts)

Independent Study: Should you be interested in writing a paper relevant to the topic I would consider supervising a paper for additional credit and subject to approval from the Administration.

Supplemental materials: From time to time I may provide you with supplemental materials in class or direct you to materials posted on TWEN. Such materials are considered a part of the course material for which you are responsible. You should notify me promptly if you have difficulties accessing material or some assigned material is not available.

Taping:

Audio taping:You may tape (audio) the class for your own use or for that of classmates for legitimate study purposes. Tapes may not be used for any other purpose without permission.

Videotaping: I will not permit the class to be videotaped for individual absences. If I need to schedule a make-up the make-up class will always be video-taped since the make-up will be take place other than at the usual time. But I will not ask for or permit videotaping of the class for individual absences. I will consider, on a case-by-case basis, videotaping the class if a large number of people need to be absent because of a competition or a conflict with an important event. In all such cases a request needs to be made at least a week in advance in order to ensure that the computing support staff has time to make the necessary arrangements.

TWEN: I will be using TWEN to communicate with you about the class, changes in the reading and for distributing some assignments. You should regularly check the site for announcements. You are responsible for knowing anything that has been posted on TWEN for the course.

Americans With Disabilities Act Notice: The foregoing information is available on the Faculty Support web site and in additional alternative formats upon request.

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