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PSYCHOLOGISTS AS EXPERT WITNESSES AND MALINGERING
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A. DEFINITION OF EXPERT WITNESS
Canter (2010) explains that an expert witness is someone who has special
knowledge or experience, which knowledge and experience is often not available in
court. An expert witness is a witness like any individual who testifies in court and
gives evidence. However, their status as an 'expert' allows them to convey more than
just a statement, but facts known to the expert. Expert witnesses, can provide
interpretations of the facts at hand, according to their area of expertise.
Martone et al. define expert witness as an individual who is a result of
education, profession, and experience that is considered knowledgeable especially
regarding a subject, more than the average person's knowledge, so not a few
individuals rely on the opinions of expert witnesses.
From these two definitions, it can be concluded that an expert witness is
someone who has special knowledge or experience, more than the average knowledge
of the average individual in general, where the expert witness can provide
interpretations of facts that are already available, according to their area of expertise.
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B. EXPERT WITNESS CHALLENGE
Before conducting forensic research, a psychologist and forensic psychological
scientist must understand psychology and law, which these two sciences have
different cultures.
Here is the challenge of psychologists or psychological scientists as expert
witnesses:
1. Cross Examination
Cross-examination is a very difficult challenge for psychologists who
become expert witnesses, because witnesses will be targeted by the
opposition. In some cases, the scientific publication of witnesses may be
intercepted by the lawyer concerned so as to disprove the testimony of
witnesses in the trial.
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2. Opposing Expert
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Disputes between experts generally cost more money and time in the trial.
In fact, it is not uncommon for each expert to have agreed in a case so that
the existence of other expert witnesses is considered unnecessary to be
presented.
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3. Judicial Instruction
Judicial instructions given by judges are sometimes challenging for expert
witnesses because they may be misinterpreted by judges and cause bias
during discussions.
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C. CREDIBILITY OF EXPERT WITNESSES
Forensic psychologists in carrying out the role of expert witnesses in court are
seen as having a source of information that can help in deciding a case in court
enforcement. Expert witnesses are said to be individuals who because of their education
and special experience have superior knowledge about a topic compared to individuals
who do not have experience or practice, so they cannot provide accurate opinions or
draw appropriate conclusions.
A person can become an expert witness if he has special expertise in his field,
both from formal and non-formal education and later the judge's consideration is based
on legal considerations that will state someone can be a witness or not. The testimony
of expert witnesses will be very useful for the proceedings and will be taken into
consideration by the judge in considering the decision. Huss stated that there are several
factors that shape the credibility and level of trust of individuals to become expert
witnesses, namely the level of education, expertise, scientific publications, flight hours
in conducting forensic processes and being accustomed and calm in going through the
trial process, as well as nonverbal gestures and how to dress.
Debra Shinder stated several factors and criteria that an expert witness must
have, namely:
a. Have a higher education degree or training in a particular field
b. Have a certain specialization
c. Recognition as a teacher, lecturer, or trainer in a particular field
d. Professional license
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e. Participate in membership of a professional organization
f. Article publication
g. Technical certification
h. Awards and recognition
Huss argues that there are also several factors that make the credibility of an
expert doubtful, namely the lack of knowledge of the case in question, talking about
irrelevant matters and inconsistencies in giving testimony in the same trial or previous
trials, as well as the form of scientific publications of witnesses.
D. CRITICISM OF PSYCHOLOGISTS AS EXPERT WITNESSES
Forensic psychologists who serve as expert witnesses often deal with critical issues
that are integral to the conflict between psychology and the law. As an expert
witness, forensic psychologists are confronted with critical issues that are often
encountered. The following are critical issues in the practice of forensic psychology as
an expert:
1. Takeover of the Conference
Psychologists who serve as expert witnesses in the trial process sometimes
end up taking over the trial. Taking over in the trial process is in the form of
the actions of psychologists who pass through their duties and encourage
decision making based on psychological considerations. Even though the final
decision is in the realm of law. This act of expropriation often makes the
image of psychologists as expert witnesses negative because the trial must
remain on the legal track.
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2. Ultimate Opinion Testimony
Ultimate opinion means that only the judge or jury has the right to make a
juridical opinion and end with the main decision, the psychologist as an expert
witness can only convey opinions about mental states, motives, personality,
intelligence and other psychological domains. Usually expert witnesses are
given the opportunity to give conclusions only and decision making is part
of the judge or jury. (
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Huss argues that there are also several factors that make the credibility of an expert
doubtful, namely the lack of knowledge about the case in question, talking about
irrelevant matters and inconsistencies in giving testimony in the same trial or previous
trials, as well as the form of scientific publications of witnesses.
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E. SYNDROME EVIDENCE
((((((((((( Syndrome Evidence is a syndrome that is a description of psychological
symptoms that occur due to a crime. Initially, this syndrome was used in court to
describe behavior in a victim of a specific trauma that seemed unusual, for example
such as sexual assault or other types of violence.
Some syndromes included in Syndrome Evidence, namely:
1. Battered Woman Syndrome (BWS)
((((((((((( Battered Woman Syndrome is a set of symptoms or alleged responses
to abuse, both physical and psychological, experienced by women. According
to Walker, Battered Woman Syndrome is a woman's reaction to a pattern of
physical abuse and constant psychological carried out by his partner.
In court situations, expert witnesses often testify about the nature of physical
abuse and provide explanations for the victim's confusing behavior and
behavior that may have been proposed by the prosecution to show that the
beaten woman is not an "ordinary" woman (for example, prostitution, abuse of
her children, her violent reaction.
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2. Rape Trauma Syndrome (RTS)
Rape Trauma Syndrome (RTS) is defined by Burgess and Holmström as a post-
rape psychological trauma syndrome experienced by rape victims that affects
the physical, emotional, cognitive and interpersonal behavior state of the victim.
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3. Postpartum Depression
Postpartum Depression (PPD) is not technically a diagnosis, it is determinant
for the primary DSM-IV diagnosis of Major Depressive Disorder (MDD). So,
when a woman is diagnosed with Postpartum Depression (PPD), the diagnosis
given will be called "Major Depressive Disorder with Postpartum Onset."
