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DNA - A Prosecutor’s Practice Notebook Inventory

Defense Expert Bias

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The prosecutor should explore any bias the defense expert may possess, as well as what fee the defense is paying the expert for their testimony. Since most individuals consult as experts while holding salaried positions with other institutions, inquire as to the percentage of income they derive from consultation as opposed to their regularly salaried employment. Has consulting become a significant portion of their income? Ask the expert by whom they have been retained in the past and, if the prosecutor knows this to be true, whether they typically only testify for the defense. What groups have invited the defense expert to speak in the past – is it typically the defense bar, public defender groups, etc?

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