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Christopher Parker - Module 15, Courtroom Testimony and Presentation Techniques.01.doc Page 1 

Training Guidelines for the Fire Debris Analyst 

Lesson Plan (Module) 15 

Date: December 2004 Instructor: Qualified Instructor 

Subject: Courtroom Testimony and Presentation Techniques Total Time: 12 hours 

Learning Objectives 

3⁄4 Demonstrate a basic understanding of terms, legal decisions and issues relevant to 

the forensic scientist. 

3⁄4 Demonstrate a basic understanding of the judicial process and how cases are tried 

in various courts of law. 

3⁄4 Understand the importance of and how to prepare for testimony. 

3⁄4 Understand the demeanor and delivery of an expert witness testimony. 

3⁄4 Demonstrate how to effectively employ visual displays to aid in testimony. 

Suggested Reading 

1. Forensic Science Handbook, Saferstein, Richard, Ed.; Chapter 1 Legal Aspects of Forensic 

Science, Prentice-Hall, 1982; 2nd ed., 2002. 

2. Forensic Science Handbook, Volume III, Saferstein, R., Ed.; Chapter 1 Legal Standards for 

the Admissibility of Novel Scientific Evidence, Regents/Prentice-Hall, 1993. 

3. McCormick’s Handbook of the Law of Evidence, 2nd ed., Cleary, E.W., Ed., West 

Publishing Co., 1972. 

4. Kogan, J.D., On Being a Good Expert Witness in a Criminal Case, Journal of Forensic 

Sciences, Vol. 23, 1978, pp. 190 – 200. 

5. Kantrowitz, S.B., Expert Testimony and Scientific Evidence in Arson-Related Cases, 

Journal of Forensic Sciences, Vol. 26, No. 1, Jan. 1981, pp. 142 – 152. 

6. United States v. Plaza, Eastern District of Pennsylvania Judge Louis Pollak’s opinion on 

fingerprint evidence, 2002, Cr. No. 98-362-10,11,12. 

7. Effective Expert Witnessing, 4th ed., Matson, Jack V, CRC Press, 2003. 

Introduction 

This lesson will cover expert witness testimony as a forensic scientist in fire debris 

related cases. 
 

Christopher Parker - Module 15, Courtroom Testimony and Presentation Techniques.01.doc Page 2 

Outline 

1. Terms and definitions of frequently used words related to expert witness 

testimony 

a. deposition 

b. disclosure 

c. discovery 

d. spoliation 

e. subpoena 

f. subpoena duces tecum 

g. voir dire 

2. Laws and legal decisions relevant to forensic scientist testimony 

a. Brady v. Maryland, 1963 

b. Frye v. United States, 1923 

c. Daubert v. Merrell Dow Pharmaceuticals, Inc., 1993 

d. Kumho Tire Co., Ltd. V. Carmichael, 1999

 e. Federal Rules of Evidence, No. 702 

f. Arson law 

i. arson: first and second degree 

ii. reckless burning 

iii. malicious mischief 

3. How different court systems operate 

a. federal 

b. state superior 

c. municipal 

d. criminal v. civil 

e. problem of proof 

i. intentionally set 

ii. maliciously set 

4. Roles of the various players 

a. judge 

b. prosecutor 

c. defense attorney 

d. court reporters 

e. jury 

f. forensic scientist 

5. Preparation for testimony 

a. pretrial meeting with attorneys 

b. review of case notes and report 

c. CV 
 

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6. Courtroom appearance and dress 

a. professional appearance 

b. appropriate attire 

c. posture 

7. Courtroom demeanor 

a. exclusion from the courtroom 

b. eye contact 

c. tone of voice 

d. volume 

e. courtesy 

f. impartiality 

g. ethics 

8. Presenting Testimony 

a. taking the oath 

b. taking the witness stand 

c. qualifying as an expert 

i. voir dire 

d. handling evidence on the stand 

i. recognition 

ii. safety 

iii. gloves 

e. direct examination 

i. communication skills 

- verbal: avoid slang, professional jargon, profanity 

- nonverbal 

- pace 

ii. use of analogies 

iii. credibility 

- recognizing limits of knowledge or expertise 

iv. admitting mistakes, limitations and problems 

v. inability to remember

 vi. objections 

f. cross-examination 

i. open-ended questions 

ii. leading questions 

iii. unclear questions 

iv. compound questions 

v. hypothetical questions 

vi. yes or no questions 

vii. listening carefully 

g. re-direct 

h. re-cross-examination 

i. leaving the witness stand 
 

 

 

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j. being finally excused 

9. Defense tactics 

a. attacking credibility and qualifications 

b. attacking chain of custody 

c. attacking procedures 

d. attacking conclusions 

f. weight of testimony 

g. proffering “authoritative” texts 

10. Use of visual displays and other presentation aids 

a. prior discussion with attorney 

b. easily seen and understood 

c. photographs and glare

 d. digital images 

e. use of colors on charts, graphs 

f. demonstrations 

Teaching Aids 

Handout 

PowerPoint presentation 

Testimony observation 

Mock trial set-up 

Videotape 

Summary 

Familiarization with how courts operate and how trials are conducted are important first 

steps in becoming proficient at expert witness testimony. Careful pre-trial preparation 

and knowledge of the types of questions that may be asked by both the prosecutor and 

defense attorney will increase the experts comfort level on the stand. A testimony should 

begin with a professional appearance, include clear, honest and accurate answers to all 

questions, and continue with impartiality and a calm demeanor. Certain presentation aids 

may assist the trier of fact in understanding the testimony and these should be skillfully 

prepared and presented. A video taped mock trial following this class will be a valuable 

aid to the testifying scientist. 

Test Questions 

1. By taking the witness stand, a scientist becomes qualified as an expert witness. 

True or False 
 

 

 

 

 

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2. Use of technical terms and professional jargon when speaking to a jury makes you 

appear more credible. True or False 

3. If you do not know the answer to a question posed by an attorney, 

a. pretend you know the answer 

b. admit you do not know 

c. redirect the question such that you can answer it 

d. provide an answer that seems adequate 

4. Jury members may include scientists and others trained in fire investigation. 

True or False 

5. If you are unsure of what a question means, you can 

a. ask for clarification 

b. state “I don’t understand the question.” 

c. ask to have the question repeated 

d. all of the above 

6. You can help control the speed of questions by pausing. True or False 

7. It is usually appropriate to answer a question to the best of your knowledge when 

the question involves an area outside of your field of expertise. True or False 

8. You should provide a yes or no answer when 

a. it would not be misleading to do so 

b. when the attorney demands it 

c. when the judge demands it 

d. the answer is true, complete and accurate 

e. a and d 

f. b and c 

9. It is the role of the forensic scientist to prove intent in an arson case. True or 

False