provide specialized knowledge and an opinion based on that Psychologists as An Expert Witness Types of Witnesses Fact Witnesses people that attest to some factual event o Cannot provide opinions Expert Witnesses specialized knowledge How Psychologists Come Into Court Evaluating competence criminal responsibility o In MA court psychologists do these evaluations Evaluating assessing dangerousness risk o Usually done post conviction and pre sentencing Child custody parental fitness evaluations o Very time consuming and very difficult to due o Highest risk of getting sued for malpractice Psychological damages worker s compensation o Harassment including sexual o Catholic church sexual abuse cases used these evaluations Civil commitment o When you have to involuntarily hospitalize someone Providing psychological information o Done by psychologists and other social scientists o Have knowledge that the judge and or jury need to make a decision o Used in big ticket cases when a lot of money is involved Explaining Legal Issues How juries make decisions Police officer assessment o Pre employment assessment Eyewitness issues Questioning Process Deposition pre trial Direct voir dire Cross examination of voir dire where whoever hired you asks you the questions that establish you as an expert witness other party who didn t hire you says that you shouldn t be seen as an expert witness or you should but to take the information with caution Direct examination Cross examination Re direct examination Re cross examination Judge determines if you re an expert or not Who is an expert Must be qualified by knowledge skill experience training or education o More accurate to say and instead of or o What s in your knowledge skill experience training and education that s relevant to this case o Specialized knowledge o Can provide an opinion Psychologists vs Psychiatrists o Jenkins v U S 1962 Previously only psychiatrists could serve as expert witnesses Psychologists can also serve as expert witnesses o Psychiatrists go to medical school and can prescribe medication Don t get research methodology and statistics training Don t get psychological assessment and testing training o Psychologists are PhDs and cannot prescribe medication Get research methodology and statistics training Get psychological assessment and testing training o Clinical psychologists make up 40 of mental health testimony expert witnesses What do they do Educator to the court o No matter which side hires you o Doesn t stop people from trying to make you look biased Ask you how much you charge etc Ultimate issue o Insanity is a legal term not a mental health term Retain and Witness Preparation Direct voir dire Key Areas o Education o Licenses o Employment history o Publications Especially relevant for researchers o Previous expert experience If you re always hired be a certain side it looks bad over time How to Discredit Cross examination of voir dire Don t have expertise Faulty methods Errors in statements of fact o Intentionally or accidentally Prior inconsistent statements Portraying the witness as biased Attacking the character of the witness o Prior criminal record o Don t come up often Issues for Psychologists Clinical experience o Not enough Funnel technique o Questions about how much you re getting paid plays a role here o Say that you get paid for your time not your testimony Example You ve only worked with one deaf slow learning 43 year old sex offender I ve worked with 83 deaf people 37 of which where slow learning 14 of which where in their 40s and 1 of which is also a sex offender o Doesn t matter Diagnosing is unreliable o Rosenhan 1973 On being sane in insane places Implanted pseudo patients on psychiatric units After admission they behaved and acted normally None of the staff was able to identify the pseudo patients Problems Sample size is small Setting is in a mental hospital o Forensic psychologists have to check for malingering faking illness o Diagnoses and Base Rates Low base rates of diagnoses in general population makes it so instruments miss a lot If you examine a particular population the base rate changes in diagnosing improves 18 16 14 12 10 8 6 4 2 0 Major Dep Bipolar Schizophrenia PTSD o Base Rate General Population Sample Assume 10 of general population with an instrument that is 80 accurate Assume 35 of the rape victims with an instrument that is 80 accurate PTSD Reality s Diagnosis No PTSD 18 72 8 2 PTSD Reality s Diagnosis No PTSD 13 52 28 7 Measure using Instrumen t PTSD No PTSD Measure using Instrumen t PTSD No PTSD Instruments are not good for diagnosis o Historical issues and projective testing o Use instruments with published psychometric properties Validity Liability opinion o Research supporting the superior job instruments can do vs clinical In my clinical opinion is usually the beginning of a false statement o Buros Mental Measurement Yearbook Book with all instruments used for everything o Actuarial instruments Actuaries assess risk Theoretical Statistical exercise Accurate More tests would be better o You administered test X Y Z If you had more time what other tests would you have administered to possibly disprove your diagnosis o Answer should be None Psychotherapy doesn t help o Historically e g Psychoanalysis there was little evidence for the efficacy of therapy o What type of therapy for what type of problem Substantial evidence showing efficacy for certain therapy for certain problems o Difference between trained therapists and laypersons How Experts influence Juries Credentials and demeanor o Credentials makes you seem credible to the case Attorney s job to show this to the jury o Demeanor is a likability issue o Answer questions while facing the jury Clinicians vs researchers o Juries tend to like people who are both clinicians and researchers o Juries like clinicians more than researchers even though researchers usually know more about what s necessary explain the case Influence o Having an expert on your side does help o Juries focus on qualifications quality of reasoning and perception of impartiality o They do not appear to overly sway juries Fees and Retainers Have a retainer agreement o Retainer agreement the attorney contractual agreement between the psychologist and o Include statement like I m concluding based on research and data which may not support your argument Give all the information up front o when an attorney contacts you o Need to know if they attorney can qualify you