psychology

THE EXPERT WITNESS Judges and most jurors simply do not have the knowledge about mental health that forensic psychologists do, and so they depend on the testimony of expert witnesses to clarify certain aspects of the case. But what happens when a forensic psychologist becomes known as favoring one side or the other?

A forensic psychologist who demonstrates expertise in his or her field can be qualified by a judge to serve as an expert witness, provided legal standards are met. As an expert witness, a forensic psychologist can testify regarding a defendant’s mental state, a defendant’s competency to stand trial, a particular mental illness, or a defendant’s motive. Attorneys tend to hire forensic psychologists whom they believe will testify on behalf of their clients. This “hired gun” mentality can lead to ethical and credibility issues. Forensic psychologists are ethically bound to provide objective assessments and testimony of their findings, whether these benefit the attorney or not. Yet there is still some skepticism about forensic psychologists serving as expert witnesses, given the fact that their opinion can sway a judge and/or jury in a certain way. In fact, the qualification of expert witnesses and the criteria for expertise have been tested at the highest judicial level in the U.S., the Supreme Court.

For this Discussion, you analyze the implications of using a forensic psychologist as an expert witness. You examine the standards used to qualify expert witnesses and the limitations when serving as an expert witness.

To prepare for this Discussion:

Review Chapter 13 in Wrightman’s Psychology and the Legal System. Think about the role of expert witnesses in the legal system. Review the article “A Confidence-Credibility Model of Expert Witness Persuasion: Mediating Effects and Implications for Trial Consultation.” Think about the correlation between jury selection and witness preparation. Review the article “On Being an Expert Witness: It’s Not About You.” Review how to prepare to serve as an expert witness.

RESOURCES

Be sure to review the Learning Resources before completing this activity. Click the weekly resources link to access the resources.

WEEKLY RESOURCES

TO PREPARE

Review the article “When Cross-Examination Offends: How Men and Women Assess Intrusive Questioning of Male and Female Expert Witnesses.” Reflect on the impact of questioning expert witness testimony. Review the article “The Testimony of Forensic Identification Science: What Expert Witnesses Say and What Factfinders Hear.” Think about the impact of the type of information presented by the expert witness. Review the article “Psychological expert witness testimony and judicial decision making trends.” Consider what standards are used when determining admissibility of expert testimony. Review the article “Unloading the hired gun: Inoculation effects in expert witness testimony.” Question the ethical considerations when acting as an expert witness.

Post your response to the following:

What are the most concerning challenges or implications today facing forensic psychologists serving as expert witnesses? Support your post with references to the standards for expert witness qualification, as well as the ethical guidelines.

Be sure to support your postings and responses with specific references to the Learning Resources.

Respond to postings from at least two of your colleagues in one or more of the following ways:

Ask a probing question and provide insight into how you would answer your question, and why. Ask a probing question and provide the foundation, or rationale, for the question. Expand on your colleague’s posting by offering a new perspective or insight. Agree with a colleague and offer additional (new) supporting information for consideration.

Disagree with a colleague by respectfully discussing and supporting a different perspective.

BY DAY 3

BY DAY 5