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What problems are associated with expert testimony, and what reforms have been proposed?
the main objections to expert testimony are that it is too adversarial and insufficiently impartial, introduces irrelevant information, and is often founded on an inadequate scientific base .
Proposed reforms have focused on using greater structure by linking testimony to evaluation reports that are consistent with foundational principles.
Following foundational principles reduces the potential influence of factors such as retention bias and more general cognitive bias.
Following foundational principles also provides judges with more information about the scientific foundation of expert testimony and limits the scope of expert testimony the highly relevant aspects of the evaluation.
under what conditions can a plaintiff be compensated for psychological damages?
plaintiffs can seek damages in civil trials if they allege that they have been victimized by a tort.
Although the law has historically been skeptical of claims for psychological harm and emotional distress unless they are accompanied by physical injuries
The subsequent trend has been to allow plaintiffs to be compensated for emotional damages resulting from intentionally outrageous or negligent conduct.
What is workers’ compensation, and how do mental health professionals participate in such cases ?
workers’ compensation is a no- fault system now used by all states and in the federal system to provide a streamlined alternative for determining the compensation of workers who are injured at work.
Formal trials are not held nor juries used in workers’ compensation cases.
Psychologists may testify in workers’ compensation hearings about the extent, cause, and likely prognosis for psychological problems that have developed following a physical injury or work related stress.
What capacities are involved in civil competence?
questions of civil competence focus on whether an individual has the mental capacity to understand info that is relevant to decision-making in a given situation and then make an informed choice about what to do.