Forensic ResourcesNorth Carolina Office of Indigent Defense Services
North Carolina Office of Indigent Defense Services
The next 2021 Forensic Science Education webinar will take place March 18th at 1pm. This webinar is an exciting and unique opportunity to learn more about the field of biomechanics and how it can be used for evidentiary purposes in criminal cases. While perhaps not as often talked about as other disciplines within forensic science …
2021 Forensic Science Education Series: Biomechanics in Criminal CasesRead More
This post addresses questions that I get from defenders who are seeking to challenge the admissibility of expert testimony under NC Rule of Evidence 702. I’ll address the nuts and bolts of how and when to make a 702 challenge for attorneys who haven’t yet challenged expert testimony. All defenders should read the NC Superior …
Challenging expert testimony at trial under Rule 702Read More
Several attorneys have asked about having in-custody clients evaluated for competency or purposes during the COVID-19 pandemic. I’ve talked with experts about their availability and many are available, if appropriate measures to ensure safety are in place during the mental health evaluation. There isn’t a one-size-fits-all approach to how to conduct these necessary evaluations, but …
Forensic mental health evaluations during the COVID-19 pandemicRead More
Why and how to use a Mitigation Specialist in a non-capital case Attorneys who represent clients in capital cases are familiar with the requirement that someone be able to recognize the presence of mental health and psychological impairments serve as a member of the defense team. These professionals, mitigation specialists, are qualified by training and …
Working with a Mitigation Specialist in a non-capital caseRead More
Forensic clinicians may face challenging conditions when conducting evaluations in the correctional setting. By working together to ensure adequate testing conditions, attorneys and forensic experts can address some of these challenges. It is incumbent on the forensic clinician to consider how examination results can be affected by various factors that are especially relevant to forensic …
Forensic assessment checklist for conducting evaluations in the correctional settingRead More
Like many other experts, medical examiners use terms of art which might be confusing for non-experts. The use of the term “homicide” to classify a death might confuse jurors and attorneys alike. It may, therefore, be worthwhile to take steps to ensure that a medical examiner’s testimony conveys the proper information despite using a potentially …
Friday, January 10, 2020NC Judicial Center, 901 Corporate Center Drive, Raleigh, NCSponsored by NC Indigent Defense Services5.0 hours of General CLE Credit anticipated The NC Office of Indigent Defense Services will offer a continuing education program that is designed to enhance the knowledge of criminal defense attorneys regarding the use of expert testimony to communicate …
Expert assistance can be a valuable part of a criminal case, but it is important for attorneys to communicate expectations for the working relationship. We have drafted a sample expert engagement letter which outlines the basics of confidentiality, billing, scope of work, and report writing. This letter provides experts with a summary of an attorney’s …
No matter how knowledgeable an expert is, every testimony is subject to limitations of some kind. Dr. John Zervopoulos has created a list of questions designed to help attorneys inquire about these limitations. Useful in and out of the courtroom, this resource can help challenge or strengthen the testimony of mental health experts. Link below: …
A recent meeting with a supposed forensic psychology expert reminded me of the importance of attorneys always vetting their own experts. This individual was referred to me by another trusted expert. After our initial meeting, I started looking in to his credentials and quickly learned that he did not have a Ph.D. and was not licensed …
Attorneys may need the services of a psychologist to evaluate whether a client is competent to stand trial, to present evidence regarding a mental health defense or mitigation, or to perform other psychological testing of a client. Attorneys have asked me whether a psychologist needs to be licensed in NC to perform these services. I’ll …
Does a psychology expert need to be licensed in NC?Read More
School of Government Professor Jessica Smith authored an informative post entitled Imposing Fees for Forensic Expert Testimony — Is It Constitutional? on the North Carolina Criminal Law blog this morning. The post looks at a new $600 fee imposed on defendants when a State Crime Lab or a local crime lab analyst testifies at trial regarding …
As defense attorneys prepare for trial they frequently reach out to experts to determine the strengths and weaknesses of their client’s case and to gain a better understanding of the evidence. In fact, proper preparation for a trial often demands that an attorney assemble information by speaking with experts in an effort to comprehend the …
Can Non-Testifying Defense Experts Be Subpoenaed by the State?Read More
Attorneys can now access the “Guide to Working with Experts” on the IDS Forensics website. The guide was created as an additional tool to assist attorneys in effectively vetting experts and offers tips on productive communication with experts. You can access the guide here. Additionally, attorneys can use the American Board of Medical Specialties website …
Guide to Working With Experts – Now Available OnlineRead More
By Alyson Grine, UNC School of Government Defender Educator In S.L. 2011-283 (H 542), the General Assembly revised North Carolina Evidence Rule 702(a). Rule 702(a) guides the trial court in serving a gatekeeper function with regard to expert testimony; the trial court must make a preliminary determination as to whether a witness has the qualifications …
