Abstract
The Rules of Evidence in the Federal Courts and most State Courts are lenient in qualifying witnesses as experts. This article looks at the most common standard for determining who is qualified to testify as an expert regarding the psychological fitness for duty of a serving police officer. The article then discusses key areas that agencies, attorneys and hearing officers should focus on in determining the credibility of an expert’s testimony. Finally, this paper suggests trial preparation techniques for counsel, should a disputed fitness evaluation become involved in litigation.
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