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Going to Court as an Expert Witness - Coggle Diagram
Going to Court as an Expert Witness
Before court, check your report thoroughly
Accuracy
Dates
Names
Test data
Logic
Are opinions logically developed and supported by the data?
Common Sense
Would an 'average' person, the jury, and the judge, all understand your explanations? Consider the lowest common denominator
Psychological Terms
Ensure that you have provided relevant definitions
again, remember the lowest common denominator
Is the report jargon free?
Explain how the tests work and provide relevant details about them
How they were developed
How commonly they are used
Any evidence supporting their application
Contrary Arguments
Examine and really test the strength of your opinion
Imagine you were asked to give an opposite opinion
Could you justify it?
Hypotheticals
What if the person is lying?
Prepare and practise your response to such hypotheticals as if they were presented to you by counsel
Meeting with counsel
Meet with the barrister
Ask the barrister what they are going to ask you
Prepare a script that flows logically
Outline, what you think are the strengths and weaknesses of the case
Discuss with the barrister what questions you might be expected to be asked and what issues are likely to arise during cross-examination
This procedure is often referred to as 'proofing the witness'
You only get called to court if the two opposing sides disagree with your evidence and you are the target
Familiarise yourself with the setting
Get used to the environment, it is always going to be anxiety provoking but the anxiety you experience can be minimised if you have prior exposure to the setting
Qualifying as an Expert Witness
You should be able to verbally summarise this personal information if questioned
Your report must include
Name and qualifications
Dates and university
Current position
Membership of professional organisations
Area of expertise/field of practice
Relevant publications written
Number of cases assessed
Pervious experience in court as a witness
Materials to Take to Court
A concise curriculum vitae
The report on which you'll be examined
Test data and notes
Copy of the DSM-IV
Relevant research articles(s)/texts
Definition of field to expertise
E.g. What is forensic psychology?
Do not take material that you don't need or that you don't understand
Examination-in-Chief
This is the main part of your evidence
The barrister will ask you a series of questions which asks you to explain how you arrived at your opinion
You can ask the court if you may refer to your notes
Make sure you do a dress rehearsal of the examiniation-in-chief beforehand, preferably with the barrister
Cross-Examination
The aim of this examination (by the opposing side) is to either discredit your evidence, or discredit, you, or both
A good cross-examination will test your concentration and emotions
Rules of cross-examination
Think on your feet
Don't get upset, no matter how offensive things seem at the time
Keep to your argument, but move if the criteria change
Important to remain impartial
Remember: you are working for the court not for the client
Appear to be credible, helpful, warm, intelligent, articulate and relevant
A Guide to Answering Cross-Examination Questions
Listen to each question
Don't answer 'yes' or 'no' if you feel it is a set-up
Explain your answer conditionally
The role of the pause is extremely important
If you are asked a question you don't understand or hear ask, 'Could you repeat the question please?'
If you don't have a clue say, 'I don't know the answer to that question'
If you are asked a question outside your area of expertise say, 'I am not an expert in that field'