Week 2 - Expert Witnesses and Ethics

US Supreme Court

What is the highest appellate court in the United States?

US District Courts and US Bankruptcy Court

What are the two types of trial courts in the federal court system?

94 Judicial Courts

How many US District Courts are there?

Pretrial, Trial, Disposition, Appeal

What are the four stages of the judicial process?

To provide opinions that assist the trier of fact

What is the role of an expert witness in court?

Confidentiality Issue in Courtroom Settings

Confidentiality is not absolute; results of evaluations are shared among the judge and lawyers.

Ultimate Issue Testimony?

Testimony regarding the final question that must be decided by the court.

Frye V. United States (1923)

What landmark case established the Frye standard?

Federal Rules of Evidence (1975)

The introduction of evidence at civil and criminal trials in federal courts.

=sufficient facts, reliable principles, applied methods

What are the criteria for expert testimony under FRE?

Daubert V. Merrell Dow Pharmaceuticals, Inc. (1993)

What case superseded Frye with the Daubert standard?

Falsifiability, peer review, error rate, general acceptance.

What are the four criteria judges use to assess scientific validity in Daubert?

APA Ethics Code

A set of ethical guidelines for psychologists.

Beneficence, Fidelity, Integrity, Justice, Respect for Rights and Dignity

What are the five principles of the APA Ethics Code?

privileged communication

Communications in a protected relationship that cannot be disclosed without consent.

must obtain consent before treatment in nonemergency situations

What is informed consent in a therapeutic context?

Commonwealth V. Charles E. Lamb (1974)

What case involved the issue of privilege in psychological evaluations?

The defendant could invoke privilege since he was not warned about confidentiality.

What did the Supreme Judicial Court of MA rule in Commonwealth V. Charles E. Lamb?

To conform to relevant general and area-specific standards in forensic activities

What is the role of forensic psychologists according to the APA Ethics Code?

scientific validity of potential testimony before it is heard

What is the significance of the Daubert ruling for expert testimony?

general acceptance; scientific validity assessment.

What is the difference between the Frye standard and the Daubert standard?

Ultimate Issue

The final question that must be decided by the court.

expert witness

A witness qualified to provide specialized knowledge to assist the court.

To handle cases involving military personnel

What is the role of military courts in the US judicial system?

US Tax Court

To resolve disputes between taxpayers and the IRS.

disposition

The final resolution of a case.

US Court of Appeals

To review decisions made by lower courts.