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Law 101: Legal Guide for the Forensic Expert

Background on the Discipline

The expert should present a description of the relevant technology to show its potential vulnerabilities. It is important to discuss this description with the attorney in advance so that proper preparations can be made to rehabilitate the expert witness on the stand if opposing counsel questions the expert about these weaknesses.

The attorney should be informed of any weaknesses in testing methods that could affect test results or conclusions. Explanations can be offered to show how additional tests are performed to strengthen the reliability of results (e.g., multiple presumptive tests when confirmatory tests are not possible).

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