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Want to keep up with the latest in digital forensics? Follow along with the most recent updates from Andrew Garrett, Digital Forensic Expert of Garrett Discovery, NACDL's Affinity partner!
NACDL lists experts referred by its members, and an expert was in your search.
Panel on choosing and working with expert witnesses from Artifical Justice: AI, Tech, and Criminal Defense, presented by NACDL's Fourth Amendment Center and Georgetown's Center of Privacy and Technology.
In criminal case report writing and testimony concerning allegations of sexual abuse or strangulation, experts have misused research statistics and findings to bolster opinions that wrongfully suggest that scientific research backs their conclusion. Tristan Wristen describes how experts improperly “weaponize” research articles.
On December 1, 2024, important changes took place to the Federal Rules of Evidence: A brand-new Rule (FRE 107-Illustrative Aids) and three amendments that impact our practice became effective (FRE 613(b)-Extrinsic Evidence of a Prior Inconsistent Statement; FRE 804-Statements Against Interest; and FRE 1006-Summaries to Prove Content). This presentation discusses the substance of those amendments, ways we can use them to our advantage, and traps to be avoided. This presentation also previews changes that are in the works in the world of federal evidence.
The law of expert evidence has experienced significant recent developments. This presentation will discuss the recent amendment to Federal Rule of Evidence 702 (experts) and what we as criminal defense lawyers can do to take advantage of the amendment (especially when it comes to excluding government sponsored expert evidence). The presentation will also cover the recent Supreme Court decisions in Diaz v. United States (opinion on ultimate issue), and Smith v. Arizona (Confrontation Clause).
This is not your usual “eyewitness identification” piece. The authors’ idea – using an ophthalmologist as an expert — is different. Before the witness viewed the lineup or other identification process, did the police officers inquire whether the witness had a prescription for corrective lenses? This is an area lawyers may not be exploring.
Amended FRE 702 gives defense lawyers ammunition to exclude questionable government expert evidence and prevent experts from overstating their conclusions. Rene Valladares and Hannah Nelson address arguments defense advocates should be prepared to make when confronted with government or court reluctance to apply the text of Rule 702 faithfully.
During its 2023-2024 Term, the U.S. Supreme Court allowed criminal penalties for people who are homeless; blocked the ATF’s regulation of bump stocks; ended Chevron deference, a landmark doctrine of administrative review; and decided that U.S. presidents are immune from criminal prosecution for core constitutional acts taken during their tenure in office. Criminal defense lawyers will talk about these cases for years to come.
Important amendments to the Federal Rules of Evidence came into effect on December 1, 2023: Amendments to Rule 106 (rule of completeness), 605 (exclusion of witnesses) and 702 (testimony by experts). These amendments will bring significant opportunities and challenges for defense lawyers. This presentation will discuss how to avoid the challenges and how to capitalize on the opportunities presented by these amendments. We will also discuss amendments that are scheduled to become effective in 2024 as well as important evidence related cases pending before the United States Supreme Court.
To combat questionable prosecution “expert” evidence, defense lawyers need to have a thorough understanding of Federal Rule of Evidence 702 and companion rules. This presentation provides practitioners with a framework for Article VII (Opinions and Expert Testimony) of the Federal Rules of Evidence, summarizes defense favorable cases, and presents arguments and tips on how to spot and avoid the most common ways the prosecution abuses expert testimony. This area is of vital importance now considering the recent amendments to Federal Rule of Evidence 702.
Presented by Carrie Wood, Assistant Public Defender, Appellate Division, Hamilton County Public Defender (OH); and Nathan Adams, Systems Engineer, Forensic Bioinformatics (OH)
Trial Advocacy: Forensic Sciences Training Philadelphia, PA | Grant-Funded Public Defense Training
Presented by Alice Fontier, Managing Director, Criminal Defense Practice, Bronx Defenders
