Expert Testimony and the Role of an Expert in Forensic Psychology

Flashcards covering expert testimony, admissibility standards, challenges, credibility factors, criticisms, and ethical considerations in forensic psychology, including specific cases and concepts like syndrome evidence.

Forensic psychologists serve as expert witnesses to by informing the courts of psychological findings.

assist the law directly

The purpose of a forensic psychologist as an expert witness is to the decision-making ability of the court.

assist it, not replace

The nature of the legal system is a challenge for forensic psychologists accustomed to collegiality.

adversarial

Nietzel et al. (1999) found only a impact of expert testimony across different types of cases.

modest

The Missouri Court of Appeals case (2012) found that failure to call a psychologist during the sentencing phase could constitute ineffective counsel.

Radmer v. State

Hugo Munsterberg's book On the Witness Stand (1908) encouraged the use of psychological findings to aid the .

court

The case (1962) was crucial for allowing clinical psychologists to testify on mental health issues.

Jenkins v. United States

In the United States, prior to Daubert, the standard for admitting scientific expert testimony was the standard.

Frye

The Frye standard required a scientific procedure or theory to be in its particular scientific field.

generally accepted

The courts balance the of the evidence against the prejudicial consequences of admitting it.

probative value

FRE 702 states that expert testimony must be based on sufficient data, reliable principles and methods, and their reliable application to the .

case

was considered expert testimony on issues not well established in the scientific community but useful to the legal system.

Junk science

In Daubert v. Merrell Dow Pharmaceuticals, Inc. (1993), the Court ruled the Frye test was and replaced it with a focus on relevancy and reliability.

obsolete

Daubert identified the trial judge's role as a in regard to all scientific testimony.

gatekeeper

To establish reliability, Daubert guidelines include whether the theory is testable, subjected to peer review, its known error rate, and whether it is in the scientific community.

generally accepted

In General Electric Company v. Joiner (1997), the Supreme Court ruled that the standard of review for reversal of lower court admissibility decisions was .

abuse of discretion

Kumho Tire Co. v. Carmichael (1999) extended Daubert criteria to and specialized knowledge.

technical

The most common method of challenging an expert is .

cross-examination

Discrediting an expert witness normally occurs through the use of prior recorded in past cases or published materials.

inconsistencies

Another way to challenge an expert is through the use of an expert, which can increase trial costs and lead to 'dueling experts.'

opposing

A final challenge to expert testimony is the use of instructions for the jury.

judicial

The '' effect describes experts appearing less credible because they have been paid by a given side to testify.

hired gun

Kwartner and Boccaccini (2008) identified the four Cs of effective expert testimony: clarity, clinical knowledge, case-specificity, and .

certainty

in expert testimony is characterized by communicating technical information in a nontechnical, jargon-free manner.

Clarity

A criticism of increased expert use is that they may be not only informing but the decision-making ability of the judge or jury.

replacing

testimony is expert testimony in which the expert not only gives a conclusion but answers the ultimate legal question before the court.

Ultimate issue

Psychologists were specifically barred from testifying to ultimate issues in federal insanity cases after the passage of the in 1984.

Insanity Defense Reform Act

The criticism that the adversarial process corrupts the objective nature of science, introducing bias, is known as the of science.

corruption

A significant source of potential bias in forensic work is the reward of serving as an expert.

financial

An expert relationship with a party involved in a court case, such as a friend or family member, is an example of an relationship.

extra-forensic

Experts may feel from attorneys to perform in a certain manner or offer a particular type of testimony.

pressure

The potential bias from the limelight or that may accompany serving as an expert witness.

notoriety

The real danger in potential sources of bias is not their existence, but that the bias goes and affects the expert's professional judgment.

unrecognized

The APA Code states that psychologists should only practice within the boundaries of their .

competence

An expert's competency comes from having sufficient education and in a given area.

experience

It is a good idea for forensic psychologists to seek out with other experts when unsure about ethical or factual issues.

consultation

consists of describing procedures and processes and obtaining the client's legal consent to proceed.

Informed consent

In a forensic assessment, a client's expectation of is reduced compared to traditional therapy.

confidentiality

Psychologists should not perform forensic services on a fee basis, where payment depends on the conclusion.

contingency

The APA Ethics Code states psychologists should avoid relationships if they could impair objectivity or competence.

multiple

evidence is a controversial area of forensic expert testimony, often involving a set of symptoms and a triggering event.

Syndrome

Battered Woman Syndrome, as conceptualized by Lenore Walker, consists of a cycle of violence and application of to women in abusive relationships.

learned helplessness

Syndrome evidence is problematic due to a general lack of support and a significant number of false positives.

empirical

When syndrome evidence is used to prove or disprove a criminal charge, it constitutes evidence.

character

The potential misapplication of psychological theory by experts and the law, leading to negative consequences for individuals, is considered use of psychology.

anti-therapeutic