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The compelling story of South Australia's disgraced former chief forensic pathologist and the legal scandals in which he became implicated. For nearly three decades, Dr Colin Manock was in charge of South Australia's forensic pathology services, and played a vital role within the state's criminal justice system: in cases of unexpected or unexplained death, it was his job to determine when a person took their final breath and whether they had died naturally or as a result of something more sinister. Throughout his long career, he performed more than 10,000 autopsies and gave expert scientific evidence in court that helped secure approximately 400 criminal convictions. But, remarkably, Manock, a self-described "witness of fact", did not have the necessary training for such a senior, specialist role, and he made serious errors in several major cases--with tragic consequences, including the apparently wrongful imprisonment of innocent people. The full extent of his wrongdoing and the exact number of cases impacted by it remains a mystery more than twenty-five years after he retired, due to the continuing refusal of those in power to heed calls to launch a formal inquiry into his career. In this book, Rooke examines several of Manock's most controversial cases, and speaks with many of his former colleagues, people directly impacted by his flawed work, and legal experts. At its heart, A Witness of Fact is about how an entire legal system has failed badly, how unsafe verdicts have been swept under the carpet--and how forensic evidence that is admitted in courts of law in Australia and across the world is dubious more often than we would like to think.
SHORTLISTED FOR THE 2022 NED KELLY AWARD FOR BEST TRUE CRIME The compelling story of South Australia’s disgraced former chief forensic pathologist and the legal scandals in which he became implicated. For nearly three decades, Dr Colin Manock was in charge of South Australia’s forensic pathology services, and played a vital role within the state’s criminal justice system: in cases of unexpected or unexplained death, it was his job to determine when a person took their final breath and whether they had died naturally or as a result of something more sinister. Throughout his long career, he performed more than 10,000 autopsies and gave expert scientific evidence in court that helped secure approximately 400 criminal convictions. But, remarkably, Manock, a self-described ‘witness of fact’, did not have the necessary training for such a senior, specialist role, and he made serious errors in several major cases — with tragic consequences, including the apparently wrongful imprisonment of innocent people. The full extent of his wrongdoing and the exact number of cases impacted by it remains a mystery more than twenty-five years after he retired, due to the continuing refusal of those in power to heed calls to launch a formal inquiry into his career. In this book, Rooke examines several of Manock’s most controversial cases, and speaks with many of his former colleagues, people directly impacted by his flawed work, and legal experts. At its heart, A Witness of Fact is about how an entire legal system has failed badly, how unsafe verdicts have been swept under the carpet — and how forensic evidence that is admitted in courts of law in Australia and across the world is dubious more often than we would like to think.
• Solid research basis, drawing on findings from a 4-year research project with in-depth interviews with judges, attorneys, and seasoned forensic neuropsychologists and psychologists as well as further interviews with professionals in other fields such as engineering, physics and economics. • Provides focused attention on how experts interact with judges, attorneys, and juries • Challenges experts to avoid the traps of professional jargon and traditional manners of presenting information/knowledge/opinions. • Provides a step-by-step approach to orienting the new academic to expert witnessing
Author : American Bar Association. House of Delegates Publisher : American Bar Association Page : 216 pages File Size : 26,47 MB Release : 2007 Category : Law ISBN : 9781590318737
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Shapiro traces the genesis of the fact, a modern concept that originated not in natural science but in legal discourse. She follows the concept's evolution and diffusion across a variety of disciplines in early modern England.
A major revision of the landmark book on expert testimony Feder’s Succeeding as an Expert Witness, Successful Expert Testimony, Fifth Edition highlights the book’s value to both attorneys and expert witnesses in promoting effective, impactful courtroom testimony. The book outlines the role of expert testimony in a trial, including explanations of methods, testing, and science, the legal process, and an overview of the roles of each player. Succeeding as an expert witness requires a basic understanding of who and what experts are and what role they play in rendering their opinions within the courts. The new edition has been fully updated to present key information on the most vital topics, including the deposition, a discussion of false or unsupported testimony, adherence to scientific principles, and direct and cross-examination testimony of expert witnesses. Each chapter includes key terms, review questions, and thought-provoking discussion questions for further consideration of the topics addressed. Given many high profile cases and increasing incidents of misconduct, this edition focuses heavily on the role of ethics in expert testimony and forensic practice. The full revised chapter on ethics, covers unethical conduct of forensic witnesses, admissibility of expert testimony, inter-professional relations, abuse of and by experts, and forensic professional codes of ethics. Offering useful career insights and established trial-tested tips, forensic scientist Max M. Houck and attorney Christine Funk update renowned lawyer Harold A. Feder’s classic book. Successful Expert Testimony, Fifth Edition serves as an ideal reference for forensic science students entering the work force—in labs and investigative positions—in addition to serving as a crucial resource for more experienced civil, private, and testifying experts in all disciplines.
The A to Z Guide to Expert Witnessing is the comprehensive work on expert witnessing. The topics covered include civil procedure, evidence, quali?cations, CV writing, forming and expressing opinions, report writing, testifying skills, marketing, fee setting, billing, collections, ethics, privileges, discovery, avoiding abuse and much more. It features 24 concisely written chapters, 26 appendices, hundreds of examples with easy to read summary head notes, priceless practice pointers and a detailed index. You will learn: * How to best connect with and persuade a jury * How to market yourself professionally and cost-effectively * Premium fee-setting, billing and collection techniques * Relevant rules of civil procedure and evidence, Testifying skills * Expert witness risk management, How to handle abuse by attorneys * How to maintain high ethical standards * How to bullet-proof your CV and written reports * How to meet challenges under Daubert * The limits of discovery and privilege * and much, much more Features: In the appendices you'll ?nd invaluable resources, which include: *A compendium of expert witness referral organizations, *A list of online and print directories, *A list of legal journals and other publications, *A list of forensic organizations, *A list of bar associations and other legal associations, *Model expert fee schedules, *Model fee agreements, *Model bills, and *A fee survey: what other experts are charging for their time
Includes material on the case of Steve Titus, Ted Bundy, Timothy Hennis, Tony Herrerez, Howard Haupt, Clarence Von Williams, John Demjanjuk, and Tyrone Briggs.
If Christians are part of the one body of Christ, how do we account theologically for the multiple expressions of our common faith? If God is ultimate truth, why is it so difficult to agree on issues related to truth? Must we sacrifice a commitment to truth in favor of a pragmatic unity in the church? Or must we hold on to our perception of the truth at the expense of fracturing the church? For John Franke, truth versus unity is a false dichotomy. In this provocative yet thoughtful book, he argues that orthodox and biblical Christian faith is inherently pluralist, and that this diversity, far from being a problem that needs to be overcome, is in fact a blessing from God and part of the divine design and intention for the church. Suggesting that Christians should affirm the reality of ultimate truth, but cautioning humility regarding our grasp of it, Franke sets forth a relational theology in which the many expressions of revealed truth—Christ, the Holy Spirit, and Scripture, along with a diverse church—together witness to the expansiveness of the one God. John Franke asserts the plurality of truth, not as a capitulation to non- or anti-Christian thought, but rather as an expression of profoundly Christian thought—and specifically, of emergent, missional, and Trinitarian Christian thought. In so doing, he gently implies that the dominant alternative view—that white, modernist, Western Christian scholars and institutions have a monopoly on truth—is actually a capitulation to modes of thought and power that have betrayed the life and gospel of Jesus Christ. —From the foreword by Brian McLaren A refreshing study of plurality and diversity as something intrinsic to the nature of Christianity rather than as something extraneous to it. Lucid and lively, the book makes a valuable contribution to the ongoing discussion about the religion’s emerging profile in the twenty-first century. I am entirely in agreement with John Franke that faith is embodied, that theology is rooted in practice and experience, and that the gospel shapes and is shaped by culture. Manifold Witness tracks the manifold trails of Christianity’s impact on persons and societies. It should find welcome response in theological study and teaching. —Lamin Sanneh, Professor of World Christianity and Director, World Christianity Initiative, at Yale Divinity School, Professor of History at Yale University, and author of Translating the Message: The Missionary Impact on Culture and Disciples of All Nations: Pillars of World Christianity Why is there a Trinity of persons and a quartet of Gospels? Do not relation and difference, context and plurality lie at the very heart of the Christian tradition? Is not the infinite resourcefulness of love enhanced by change and alterity? These are the kinds of questions that John Franke addresses in a bold, sweeping, and lucid presentation of the ongoing renewal of the life of the church. Manifold Witness is the fruit of a tenacious faith in the Christian tradition and a no-less-tenacious faith in the power of truth. —John D. Caputo, Thomas J. Watson Professor of Religion and Humanities at Syracuse University and author of What Would Jesus Deconstruct? The Good News of Postmodernism for the Church John Franke’s Manifold Witness is the most Reformed book I have ever read. Why? It is the first I have read that not only believes the human mind has been impacted by the Fall but also that carries this through into how the Bible makes truth claims. We need manifold witnesses because, as humans, no one author can grasp the whole Story. If it takes a village to nurture a child, it takes the manifold voices of the Bible and the church to nurture the church. Boldness, braced up by humility, marks every page of this book. —Scot McKnight, Karl A. Olsson Professor in Religious Studies, North Park University and author of A Community Called Atonement With clarity, grace, and practical insight, John Franke argues convincingly that the plurality of witnesses in Christian tradition is not a hindrance but a gift that rescues us from both the rigid dogmatism that constricts God’s truth and the ‘anything goes’ pluralism that trivializes it. —Danielle Shroyer, pastor of Journey Church in Dallas, Texas, and author of The Boundary Breaking God: An Unfolding Story of Hope and Promise An honest, passionate, engaging, and spirit-raising book! Franke’s humble, bold articulation of the crux of the emerging church conversation, centered on the Bible and tradition, is confessional yet inclusive. He genuinely celebrates the gifts of the plurality of the church in diverse witnesses and the unity of the reconciling love of God in Jesus’ mission. —Andrew Sung Park, Professor of Theology at United Theological Seminary in Dayton, Ohio I cannot think of a more important nor relevant topic than the nature of Truth, with a capital T. It shapes and influences how we think, believe, and act. In a world of competing truth claims it is easy and common to end the conversation by retreating to our own familiar tradition. John Franke wants us to do more, to think deeply and faithfully about a wonderfully provocative notion, the plurality of truth. This book will be an invaluable resource for preachers and teachers. —John Buchanan, Pastor, Fourth Presbyterian Church of Chicago, and Editor/Publisher of The Christian Century Manifold Witness will truly help Christians committed to the apostolic faith understand that a plurality of views and interpretations, rather than contradicting that faith, stands at its very core! —Justo L. González, author of A Concise History of Christian Doctrine and A History of Christian Thought
Learn how to look good on cross, even when the witness is not cooperating. Learn how to manage and effectively minimize the witness's involvement, without appearing controlling, extracting, and insulting. Filled with illustrative cross examinations from actual cases, this book is your key to employing these proven techniques in your own practice. Using the three themes that run through out the book--looking good, telling a story, and using short statements--you can take control of your cross examinations and achieve the results you desire.