NCJ Number
99932
Journal
Criminal Law Bulletin Volume: 21 Issue: 6 Dated: (November-December 1985) Pages: 515-526
Date Published
1985
Length
12 pages
Annotation
This second half of a two-part article considers the selection, role, and work of expert witnesses and consultants in civil proceedings against police.
Abstract
In selecting an expert, the attorney, whether for plaintiff or defendant, should be certain that the expert's background and prior court testimony will withstand cross-examination. Before testifying, the expert should conduct an independent investigation of the incident at issue, having available all evidence in the case, whether or not it is favorable to the employing attorney's client. The expert's testimony will only be credible if it shows a thorough and objective analysis of all evidence in the case. Expert testimony should focus on police custom and practice to determine whether or not the police conduct at issue was aberrant. This requires experts with a thorough knowledge of police literature and training materials. Expert testimony must also address the supervisory and training practices of the involved department so as to resolve the central issue of departmental responsibility for officers' behavior. An expert's investigation should also address the department's initial response to the complaint, the involved officer's career history, departmental history, and the department's inservice training program. Twenty footnotes are listed.