A Cure for a Non-Problem
This resource questions when expert testimony about counterintuitive behavior is needed and presents research on what jurors know about children’s memory, suggestibility, and responses to sexual abuse. It summarizes studies reporting both accurate public understanding and areas of misconception, then discusses how the evidence may inform admissibility debates and the limits of using general research to interpret an individual case.
Motion to Preclude (Daubert)
This sample Arizona defense motion asks a superior court to exclude a prosecution expert’s proposed testimony under Evidence Rule 702 and requests a Daubert hearing. It argues that the opinions about counterintuitive behavior lack a sufficiently reliable scientific basis, raising concerns about testability, false-positive rates, and whether the underlying claims satisfy legal standards for expert evidence.
Preparing for and Crossing the Cold / CSA Expert
This resource combines a prosecutor’s training material on examining child sexual abuse and counterintuitive-behavior experts with guidance from prosecutor Susan Eazer on expert testimony. It reviews Arizona authorities on the scope of expert evidence and offers preparation, cross-examination, and closing-argument considerations, while emphasizing professional conduct and case-specific scrutiny of an expert’s methods and assumptions.
The Newly Adopted Daubert Standard: Implications for Psychological Evaluations in Court
This 2012 State Bar of Arizona presentation explains how the Daubert standard and Arizona Rule of Evidence 702 may affect psychological evaluations and expert testimony in criminal cases. It outlines judicial gatekeeping and reliability considerations, then discusses forensic assessment methods, psychological testing, risk evaluation, and practical preparation and cross-examination of expert witnesses.