The Expert Expert Witness: More Maxims and Guidelines for Testifying in Court / Edition 2

by Stanley L. Brodsky PhD, Thomas G. Gutheil

Overview

Psychologists, psychiatrists, and other mental health professionals may be experts in their respective fields, but this expertise does not easily translate to effective courtroom testimony. Even veteran expert witnesses can encounter new challenges in these high-pressure situations, especially during a cross-examination where every statement and gesture can be scrutinized by an attorney searching for ways to dispute the expert’s credibility and opinions.

For more than two decades, Stanley L. Brodsky has taught expert witnesses simple and practical strategies they can use to negotiate challenges in the courtroom and give strong, effective testimony. In this thorough update to his classic guide, Brodsky and his equally prolific coauthor, Thomas G. Gutheil, continue to provide sage, humorous advice that will put expert witnesses at ease and allow them to comport themselves with poise and confidence throughout direct and cross-examination. Short chapters punctuated by memorable maxims draw from the authors’ expansive personal experiences, as well as research and stories from other expert expert witnesses, to create this must-have resource that will inform and entertain expert witnesses for many years.

Product Details

ISBN-13:	9781433820557
Publisher:	American Psychological Association
Publication date:	09/14/2015
Series:	Law and Psychology
Edition description:	Second Edition
Pages:	238
Product dimensions:	6.00(w) x 9.00(h) x 0.60(d)

About the Author

Stanley L. Brodsky, PhD, is a professor in the Department of Psychology at The University of Alabama. He has written 14 books and about 250 articles, mostly in psychology applied to the law. He has received distinguished achievement awards from the American Psychology-Law Society, The International Association of Forensic and Correctional Psychology, and other scholarly and professional societies. He is a frequent leader of workshops based on his book Testifying in Court. In 2013 he was a Visiting Fellow in the Program in Psychiatry and the Law of Harvard Medical School.  Dr. Brodsky has been a visiting fellow at universities in New Zealand, India, Israel, and England.

Thomas G. Gutheil, MD, is a professor of psychiatry in the Department of Psychiatry at Beth Israel-Deaconess Medical Center and cofounder of the Program in Psychiatry and the Law at Harvard Medical School; he is the first professor of psychiatry in the history of Harvard Medical School to be certified in both general and forensic psychiatry. A recipient of every major award in the forensic field and multiple teaching and writing awards, Dr. Gutheil has authored or coauthored more than 300 publications in the national and international forensic literature. He is past president of the American Academy of Psychiatry and Law and the International Academy of Law and Mental Health. Associated with the Massachusetts Mental Health Center for a half-century. Dr. Gutheil lives and works in the Boston area.

Table of Contents

Preface xi

Introduction 3

1 Apologies 6

2 Arbitrary Pigeonholes 9

3 Asked and Answered 13

4 Boundaries Between Expert Witness Roles and Trial Consultation 18

5 Confabulations 22

6 Consistent Experts 26

7 Context 30

8 Directed Feedback 36

9 Discovery and Discoveries 39

10 Ethics in Expert Testimony 44

11 Evasive Responses: Hopeless But Not Serious 49

12 Experience Does Not Count 54

13 Expert Witness as Master Teacher 58

14 Fact Witnesses 62

15 Frames of Reference 67

16 Gender-Intrusive Questions 70

17 Gotcha and Goodbye 76

18 Holy Mackerel, Man! 79

19 Illusory Documentation 82

20 Integrity Checks 86

21 Language: It's a Virus 90

22 Lawyer Bashing and Lawyer Jokes 93

23 Le Mot Juste 97

24 Lost and Befuddled 100

25 Low Pitches 103

26 Metatestimony 107

27 Offensive Language 110

28 Offensive Questions 113

29 Personal Attacks: Overview 117

30 Personal Attacks: Demeaning Attorneys 120

31 Personal Attacks: Internet Vulnerabilities 126

32 Personal Attacks: Taints 131

33 Pulling and the Push-Pull 136

34 Real and Apparent Ambiguities 140

35 Recording of Assessments 143

36 Sayonara Solutions 148

37 Silent Treatments 152

38 Sleight of Hand 156

39 Social Construction of Posttraumatic Stress Disorder and Dangerousness 160

40 Spontaneity and Alertness on the Stand 165

41 Swoop and Perch 168

42 Telephoned and Videorecorded Testimony 172

43 Thank You, Thank You, Thank You 177

44 Their Words in Our Mouths 179

45 Tightrope Walking 183

46 To Faint, To Weep, To Blank Out 186

47 Traps of Common Sense 190

48 True Grit and False 194

49 Ultimate Opinion Testimony 199

50 Well Beyond Testimony 205

51 What We Like to See in an Expert Witness-And What We Don't 209

Suggested Readings: More of This 215

References 217

Index 225

About the Authors 237

Editorial Reviews

Reviewer: Steven T Herron, MD (CPI/Assurance Health and Wellness)
Description: Short and to the point, this book offers helpful guidelines about testifying in court as an expert witness for those who have experience in the area and are not novices to the process.
Purpose: Meant as a companion to previous works by these authors (The Psychiatrist as Expert Witness, 2nd edition, Gutheil (American Psychiatric Association Publishing, 2009) and Testifying in Court: Guidelines and Maxims for the Expert Witness, Brodsky (American Psychological Association, 2013)), this book enhances techniques to manage testimony by offering additional examples of challenges these authors, and others, have faced.
Audience: This book is intended for individuals who have experience testifying in court, but who are interested in improving their skills and their understanding of the art and science of educating the court in matters related to psychiatry and mental health.
Features: Composed of 51 brief chapters, organized, interestingly, alphabetically, this book was not meant to he read cover to cover, but referred to when addressing specific areas of interest. Chapters are generally no longer than 5-6 pages, and each contains numerous examples of sample questions and practiced responses, but also tips and advice on handling the complex issues that often arise in the process of providing testimony. Each chapter ends with a "Maxim," which summarizes the key points. There is also a list of suggested readings at the end of the hook.
Assessment: Because I am familiar with previous books by both of these authors, it goes without saying that a collaboration between the two was likely to produce a book worthy of reading. While the information the book provides is practical and the case examples, sample questions, and responses are very helpful, the true value of this work is its brevity. Although the alphabetical organization is somewhat challenging, the information is relevant and immediately applicable.

Doody's Review Service

The Expert Expert Witness: More Maxims and Guidelines for Testifying in Court is but the most recent addition to a truly impressive legacy and should be considered essential reading for students and practicing psychologists and psychiatrists—especially since it is quite likely that sometime in the course of their professional careers they will be called upon to give testimony in a court with respect to a client or patient.”
—Midwest Book Review

“The essence of this book comes from the extensive expertise of the authors, its practical focus, clear articulation and utility…I recommend reading the entire book so that you do not miss any of the sage advice.” —New England Psychologist

From the Publisher