This book was published in May of 2008. Since that time both sleep science and forensic sleep science methods have continued to move forward and change. As it is not possible to make changes to a published book, these pages will serve to provide updates, corrections and other changes.
Pretrial Assessment Steps
The pretrial assessment steps listed on Pages 101-102 are comprehensive, but in hindsight do not actually follow what happens in the real world.
Pretrial Assessment Steps
The pretrial assessment steps listed on Pages 101-102 are comprehensive, but in hindsight do not actually follow what happens in the real world.
- For both defense and prosecution there will be an initial referral by phone or email.
- The expert must make a decision to evaluate the case or not.
- The entire case file will usually not be required to make a decision on whether to proceed or not.
- Request a short summary - 2-3 pages -of the case for review.
- On the defense side, it may be clear that the defendant's behavior cannot be associated with a parasomnia. A polite explanation and turn down is indicated.
- On the prosecution side, a summary document and some statement of the defense theory of the crime will often provide enough information to decide if you have the expertise and knowledge to be an effective expert. On occasions you may agree with the defense theory of the crime and not proceed further.
- Once you have made the decision to take on the case you should request the entire case file. Do not let the attorneys decide what you should see.
- On the defense side the case file no doubt include all materials including summaries, audio and transcripts for the defendant and defense witnesses.
- As the defense expert you should have access to the defendant and all witnesses.
- After you have read the case file insist of interviewing them in person if possible or by video or phone.
- On the prosecution side you may not have access to the defendant or other defense witnesses, but through the prosecutor you should make a formal request and be sure you get an answer in writing.
- On the defense side the case materials may include full medical records, although they are often not helpful.
- On the prosecution side medical records are most often not available, but this information can frequently found in the defense expert's report.
- In the absence of access to defense witnesses, reports of defense experts are often the only source of information prior to trial other than police narrative or interviews.