What Entitled
to by Due Process;
Section 2; Section
11
|
Experts
Who Work for the Police or the State
|
| 1. Qualified professionals
in all relevant disciplines |
1. Not qualified for some
purposes (e.g., neurology) |
| 2. Who competently perform
the work according to accepted methodologies |
2. Fails to do work
comprehensively due to limited resources, or statutory limitations |
| 3. Who affirmatively evaluate
defense issues & defenses throughout the litigation phases,
e.g., mental status, cause of death, voluntariness, mitigation |
3. Unable or unwilling
to look at all that is relevant to defense, e.g., all mental states (intoxication,
EED), fails to interview all necessary witnesses, unfamiliar with mental
history, unwilling to look at what is mitigating |
| 4. Who marshal evidence
for the defense at direction of defense attorney |
4. Unable or unwilling to
help marshal defense or evaluate at direction of attorney |
| 5. Who help cross-examine
prosecutor's experts |
5. Unable or unwilling to
help cross-examine prosecutor's experts; conflict of interest to question
colleague's work |
| 6. Who rebut state's experts |
6. Unable or unwilling to
rebut state evidence; conflict of interest |
| 7. Who do the work confidentiality |
7. Unable or unwilling to
provide confidential help,
conflict of interest |
| 8. Who provide meaningful
access to justice |
8. Unable to justly present
his side through the expert |
| 9. Who owe a duty of loyalty
to the defense |
9. Whose loyalty is
to neutrality or the state, not to the defense or the defendant |
