Definitions. Courtroom Professionalism: Appropriate Courtroom Conduct. YFSF New Orleans LA 2/11/

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1 Definitions Courtroom Professionalism: Appropriate Courtroom Conduct Barry K Logan PhD, F ABFT Executive Director, Center for Forensic Science Research and Education Fredric Rieders Family Foundation fo ren sic sci.ens Definition: the application of scientific principles and techniques to matters of criminal justice especially as relating to the collection, examination, and analysis of physical evidence. entomology: forensis (L) of a forum, place of assembly Admissibility vs Weight Frye Standard General acceptance Daubert Criteria Judge is gatekeeper Relevance and reliability Scientific knowledge requires scientific method Federal Rules of Evidence Rule 702 barry.logan@frfoundation.org 1

2 Admissibility vs Weight Frye Standard General acceptance Daubert Criteria Judge is gatekeeper Relevance and reliability Scientific knowledge requires scientific method Federal Rules of Evidence Rule 702 Effective Testimony Testimony Appropriate Qualifications Communication skills are key Clarity; appropriate level of complexity; examples & analogies; graphical illustrations; demonstrative exhibits. Impartial, factual, professional Likeable, credible, fair, ethical Professional Appearance Is the Witness Qualified? voirdire vwärˈdir/ noun LAW A preliminary examination of a witness or a juror by a judge or counsel. barry.logan@frfoundation.org 2

3 Is the Witness Qualified? Direct Examination Where do you work? What are your duties? How long have you worked there? What are your qualifications? Formal Education On the Job Education Professional Certification Continuing Education Is the Witness Qualified? Cross Examination Is your formal education relevant? What qualifications DON T you have? Have you made errors or mistakes? Have you been disciplined at work? Have you had corrective actions? Are you up to date on developments? Bias? Do you know What do you know factually? Direct Examination Did you receive evidence? Did you perform testing? What testing did you perform? Did you generate any data? Did you complete the paperwork? Did you issue a report? What do you know factually? Cross Examination Do you recall this specific case? How do you know you followed your SOP? Did anyone watch you perform this testing? Did you make contemporaneous notes during the testing? Are those notes complete? barry.logan@frfoundation.org 3

4 What opinions do you have? Direct Examination How did you interpret the data? What findings did you have? What is the meanings of the findings? Did you draw any conclusions? What opinions do you have? Cross Examination Are you qualified to offer those opinions? Are those theories generally accepted in the scientific community? What publications are you relying on? What is the the error rate or potential rate of error known and acceptable? Goals Start off credible Communicate Clearly Connect Monitor and Moderate Be regarded as a professional Exit gracefully Before Testifying Arrive Early Go to the bathroom! Look around the Courtroom Drink some water Review your file Know its contents Have it organized Direct Exam Know the scope of the direct exam barry.logan@frfoundation.org 4

5 Positive Testifying Demeanor Non-Verbal Queues: Deliberate walk Relaxed Alert and attentive Avoid barriers Upright body position Change body position periodically Use body position to make a point Positive Testifying Demeanor Non-Verbal Queues: Eye Contact: Conveys, confidence, authority, credibility, openness Look at everyone in the group Turn to face the person you are talking to Connect with reactive listeners, note takers Avoid looking at distractions Demeanor Demeanor LUCAS Listen Understand Consider Answer Shut-up Bad: Anxious, disheveled, out of breath, sweating, flushing, rambling, confused, apologetic, making excuses, ignoring the jury, defensive, biased, unwilling to concede anything, gesticulating barry.logan@frfoundation.org 5

6 Negative Testifying Demeanor Non-Verbal Queues: Ticks and Gestures: Argumentative Eye rolling, finger tapping, Nodding/shaking of the head Hands to face Frowning Looking to the heavens for inspiration Negative Testifying Demeanor Verbal Queues: Vocal Fry Up-speak Long pauses Ums and Ahs Joking/Forced smiles Interrupting Speaking over Watching the Jury Cross Examination Are they: Paying attention? Making eye contact? Changing facial expressions? Nodding vs Nodding off? Smiling, thoughtful? Frowning, headshaking? Taking notes? Strategies Answer straightforwardly and truthfully. Don t get upset or aggravated. Don t allow misleading representations to go unchallenged. Avoid yes or no answers if they are misleading. Talk to the jury. barry.logan@frfoundation.org 6

7 Cross Examination Strategies Talk about Quality Accreditation Training Competency testing Quality Proficiency testing Controls Blanks 7