Lance Henriksen, Fred Williamson, Charles Napier and Robert Forster were originally considered for roles in the film.
According to screenwriter Max Allan Collins, the original script for The Expert was more akin to The Dirty Dozen, with a group of ex-Green Berets breaking into death row to fulfill the executions after the courts repeal the death penalty. When Jeff Speakman was cast, the producers had the script re-written as a vehicle for him. Collins said he had to rewrite the script 20 times.
Rick Avery replaced William Lustig mid-way into production.
The character of "Martin Kagan" is based mostly on real-life killer Scott Panetti, who also represented himself in court, and was on trial around the same time this movie was filmed.
Filmed in and around Nashville Tennessee with many local landmarks readily identifiable. Centennial Park with the Parthenon which was built for the state's centennial celebration in 1896. Nashville Davidson county courthouse and the Tennessee state prison built in 1898 and closed in 1992 among the best known.