The Daubert Challenge

A Cure for a Non-Problem

A fundamental question: Why is the CIB expert needed?

COUNTERING Counterintuitive Testimony (Adult, handout)

Often prosecution utilizes a counterintuitive “expert” to explain away problematic behaviors on the part of the complaining witness. Dr. Simpson offers a CLE training and 85-page handout on how to effectively challenge their expert.

  • Seven specific strategies for cross
  • A cure for a non-problem
  • Accounting for true, unfounded, or false sexual assault claims
  • Symptoms are not falsifiable
  • Motivations for intentional false reporting
  • Failure to account for confounding variables
  • Confirmation bias
  • The devil is in the details.
  • Critique of:
  • Freeze-Flight-Fight and Tonic Immobility
  • Acting normal following the alleged assault
  • Delayed disclosure
  • Continued relationship with the accused
  • Inconsistent, piecemeal, changing or incomplete memories
  • Recantation

Overview of Daubert

Basic overview of Daubert.