week 3- expert witness and 'insanity'

Functions of a Witness

Fact Witnesses:

• Give some relevant evidence about their direct experience

• Expert Witnesses:

• Two primary functions:

– Aid in understanding a particular issue relevant to the case

– Provide an opinion

• This contrasts with fact witnesses who can only testify about what they have directly observed

Challenges of Providing Expert Testimony

Experts need to know not only about their testimony but about the

proceedings and their role in the proceedings

• Providing effective testimony to the courts is difficult because of

differences that exist between the fields of psychology and law –

there are tensions that can create ‘role strain’

Ethical principles underpinning forensic psychology practice

Respect for the dignity and rights of other people

• Responsibility to clients, society and the profession

• Veracity (i.e., be honest and truthful)

• Fidelity (i.e., entrusted with clients' interests)

• Beneficence (i.e., do good)

• Non-maleficence (i.e., do no harm)

• Justice (i.e., be fair and objective)

Rules of Expert Testimony (in Aus 5 rules of expert evidence)

Expertise Rule

• Area of Expertise Rule (General acceptance? Peer review? Error rate?

Professional standards?)

• Factual Basis Rule

• Common Knowledge Rule

• Ultimate Issue Rule (not present in NSW, Tas, ACT)

to be continued, too much wordiness need to watch lec