Total Expert Testimony

sexual assault

criminal issue

sexual harassment

issue related to employment law and employer’s liabilities, unwelcome sexual advances, request for sexual favors, and other verbal or physical conduct of a sexual nature

how many women experience sexual harassment in their life?

at least 1/4

quid pro quo “something for something”

an employee must submit to unwanted sexual remarks or contact as some part of their employment,most clear cut form of sexual harassment

hostile work environment

the general atmosphere of the workplace is one where any employee is reguarly subjected to pervasive unwanted sexual comments of contact

establishing unwelcomeness

distinguish between consensual and non consensual conduct, places heavy scrutiny on the alleged victim, “he said/she said” important for plantiff to be credible

expert for the plantiff in sexual harassment cases

social psych of victim blaming and stereotyping, limitations of definitive arguments that the plaintiff's behavior was welcoming, research on men falsely reading sexual interest

expert for the defense in sexual harassment cases

plantiffs past welcomeness to sexual activity, mental health, may argue past abuse led to hypersensitivity to sexual harassment, may argue lack of generalizability of the research

discrimination

creating unprofessional and sexualized environments is conducive to stereotyping, disadvantage in the workplace and increases the risk of female employees being sexually harassed

organizational climate

shared perceptions of employees concerning the policies, procedures and practices of the organization, certain organizational climates can foster or discourage sexual harassment, the more an organization tolerates it , the severity and frequency is more likely to increase

organizational leadership

perceived attitudes of an organization’s management regarding sexual harassment, if leadership does not take sexual harassment serious, the severity and frequency is likely to increase and targets will be less likely to report

gender composition of the workplace

women in male-dominated fields are more likely to experience sexual harassment, and there is more sexual harassment and more negative consequences associated with sexual harassment for those in non-traditional occupations for their genders

psychological effects of sexual harassment

depression, anxiety, social withdrawal, ptsd

physiological effects of sexual harassment

headaches, insomnia, high blood pressure

work related effects of sexual harassment

loss of job, loss of promotions, loss of time and income

Lavalee v Regina 1990

a landmark Supreme Court of Canada case that recognized the battered woman syndrome as a defense to murder and adjusted the law of self-defense to accommodate women in abusive relationships. The court ruled that expert testimony on the syndrome was admissible and necessary to help the jury understand a battered woman's perspective and the reasonableness of her actions, even if the killing was not in the heat of the moment

domestic violence

any violence that occurs between family members, typically in private settings

intimate partner violence (ipv)

any violence occuring between intimate partners , whether they are living together or separate often involving physical, emotional, or psychological abuse

observational learning ipv

learning behaviours by watching others perform those behaviours, behaviours must have some functional value and is triggered by a stimulus in the environment, learned by watching others and repeated when it seems like a good response to the environment

macrosystem

broad set of societal and cultural beliefs

exosystem

social structures that connect the individual to the wider society

microsystem

immediate environment in which ipv occurs

ontogenic factors

psychological and biological features of the individual

phase 1: tension building

minor abusive incidents that build to the second phase

phase 2: acute battering

beating, choking, punching, use of weapons. during this stage, a violent episode occurs usually causing injury and sometimes resulting in death. This is usually the shortest phase lasting a few minutes to 24 hours

phase 3: loving phase

the perpetrator is caring, loving and helpful, and there is the sense that all is well, they promise to never harm again

learned helplessness

a psychological state where a victim feels powerless to escape abuse, leading to a belief that their actions have no effect on the outcome. This occurs after repeated failures to stop the abuse, resulting in psychological paralysis and a reluctance to seek help, even when opportunities are available

what % of homicides in north america are committed by women?

10-15%

when is expert testimony most successful in regards to BWS?

if the partner was killed in the acute batting stage

Child Sexual Abuse Accommodation
Syndrome

secrecy, helplessness, entrapment and accommodation, delayed, unconvincing disclosure, and retraction.

how many states have the death penalty?

27 states

what is the only crime punishable by death in the united states?`

aggravated murder

how common is death by execution?

less than 1%, 2000-2010 570 people executed

death qualified juries

juries who are willing to vote for the death penalty, more conviction prone and more receptive to aggravating factors and less receptive to mitigating factors

Lockhart v McCree 1986

a judge removed prospective jurors who stated that under no circumstances would they be able to impose the death penalty. The Eighth Circuit Court of Appeals found that the judge's actions violated the Sixth and Fourteenth Amendments of the Constitution. A.L. Lockhart, the director of the Arkansas Department of Correction, appealed this decision to the Supreme Court

how many people have been wrongfully convicted of murder and/or executed since 1900?

416 people wrongfully convicted of murder and sentenced to death and 23 were executed

how many people have been released from death row since 1973 with evidence of their innocence?

191 people have been released from death row with evidence of their innocence

Ruben Cantu 1993

a man who was convicted and sentenced to death for a murder committed when he was 17 years old, the judge, prosecutor, head juror and defense attorney now acknowledge he was very likely innocent

Leonard Taylor 2023

executed for a quadruple homicide against his girlfriend and her 3 children even though witnesses and evidence puts him 2000 miles away at the time of the crime

Atkins v Virginia 2002

cannot execute mentally incapacitated individuals

Ring v Arizona 2002

only juries can decide death sentences not judges

Roper v Simmons 2005

no death penalty for juveniles

Coker v Georgia 1977 & Kennedy v Louisiana 2008

no death penalty for rapists of adults or children`

racial disparities around the death penalty

a 1973 study found that black men convicted of raping white women were 18 times more likely to receive a death sentence than any other racial combination

Furman v Georgia 1972

a landmark criminal case in which the United States Supreme Court decided that arbitrary and inconsistent imposition of the death penalty violates the eighth and fourteenth Amendments, and constitutes cruel and unusual punishment, the decision invalidated the death sentences of nearly 700 people

aggravating factor

factors that increase the wrongfulness of a defendants actions or the harmful impact of the crime

mitigating factors

factors that reduce the defendants blameworthiness but do not justify or excuse the crime, such as history of child abuse and age

prosecutor

puts forward aggravating factors

defense

puts forward mitigating factors

mounting a mitigation defense

every defendant is entitled to be considered as an individual when facing capital punishment

Brofenbrenner’s Bioecological Model

a model that states that children’s environment is composed of a series of nested structures with every level having an impact on development

what are strong aggravators for capital mitigation testimony?

the murder of a child, brutal murder, lack of remorse, risk assessment showing the defendant is a continued danger

what are strong mitigators for capital mitigation testimony?

youthfulness, cognitive deficits, extreme emotional distress, comitting the crime under coercion or substance abuse disorder, scizophrenia

risk assessment

prediction of an offenders likelihood of reoffending, relevant to bail, parole and sentencing

static risk factors

factors that cannot be changed, often something such as an individuals family background or past offences

historical risk factors

events which have been experienced in the past therefore are static risk factors

clinical risk factors

types of mental disorders or symptoms of mental disorders

dynamic risk factors

fluctuate over time and are subject to change

dispositional risk factors

reflect the individuals traits, tendencies and styles

situational risk factors

factors which are related to the current environment

clinical judgment of risk assessment

most common, subjective process; weaknesses: selective attention and availability heuristic, representativeness heuristic, adversarial allegiance, cognitive bias

risk assessment tools

more accurate than unguided clinical judgment, helps properly classify low-risk offenders, provides judges with information about modifiable risk factors, reduces racial biases

PCL-R

a tool originally designed to measure psychopathy, one of the most commonly used tools

V-RAG

tool meant to be specifically used to predict recidivism,shown to be valid at predicting future violence across genders, a wide range of cultures for several types of violence, 75% accuracy in predicting recidivism

problems with actuarial instruments

generalizability, failure to incorporate rare but potentially important risk factors, failure to include dynamic risk factors, failure to include protective factors

structured professional judgment

non- algorithmic, non-numeric decision process, no numerical scoring or explicit instructions on weighing or combining risk factors

predicting sexual offending recidivism

best predicted by measures of sexual deviancy, non married and young sex offenders are more likely to reoffend

what are the ethical principles an expert should uphold?

truth, justification, transparency

truth

tell the truth, the whole truth and nothing but the truth, expert must educate without any particular desired outcome, even if conclusions dont support the retaining attorneys position

justification

psychologists base the opinions contained in their recommendations, reports, and diagnostic or evaluative statements, including forensic testimony on information and techniques sufficient to substantiate their findings

transparency

when psychologists conduct a record review or provide consultation or supervision and an individual examination is not warranted or necessary for the opinion, psychologists bur explain this and the sources of information on which they based their conclusions and recommendations

culture clash: goals

truth vs justice

culture clash: methods

data vs rulings

culture clash: styles of inquiry

objectivity vs advocacy

adversial allegiance

the systematic bias of expert witnesses towards opinions and determinations of the party that retained them

daubert

a legal standard from Daubert v. Merrell Dow Pharmaceuticals (1993) for determining the admissibility of expert witness testimony in U.S. federal courts. It requires judges to evaluate the scientific validity and relevance of expert testimony based on criteria such as: 1. Testability/Falsifiability, 2. Peer Review and Publication, 3. Known or Potential Rate of Error, 4. Existence and Maintenance of Standards, and 5. General Acceptance within the scientific community

who is Anita Hill?

lawyer who was sexually harassed by her supervisor Clarence Thomas 

what is sexual harassment?

unwelcomed sexual advances, favour requests, and other verbal/physical conduct of sexual nature

how many women experience sexual harassment in their lifetimes?

at least 1/4 women

how does sexual harassment affect women in the workplace?

1. increases absences

2. reduces motivation/productivity

3. adverse impacts on career advancement

4. lower job satisfaction

what are the two types of sexual harassment?

1. quid pro quo: something for something and this for that

   1. employee must submit to unwanted sexual remarks as part of employment

   2. abuse of power related to sexual favours

   3. most clear cut form

2. hostile work environment

   1. general atmosphere of workplace where an employee is regularly subjected to unwanted sexual comments

what is the criteria for sexual harassment?

1. unwelcome

   1. plaintiffs perspective - verbal behaviours and sexual jokes; complaints can make it worse

   2. reasonable third party 

2. sex based and discrimination 

   1. creating unprofessional and sexualized environments is conducive to stereotyping, workplace disadvantages 

   2. organizational climate - work enivonrment creating high risk of sexual harassment 

   3. organizational leadership - relates to climate, what leadership is done to deal with it, policies in place and active

3. caused harm

   1. some psychological or material injury must be demonstrated

   2. if liability is established then seeking damage is another step

caused harm has two issues that court must grapple with, what are they?

1. level of harm necessary to meet legal threshold of behaviour causing harm 

2. how/from what perspective to assess harm; conduct must be severe enough; either psychological or work harm 

what are the factors in caused harm?

1. duration

2. organizations response

3. past history of victimization

what are physiological harm symptoms?

1. headaches

2. sleep difficulty

3. high blood pressure 

4. loss of job 

how do we establish unwelcome-ness?

• distinguish between consensual and non consensual conduct 

• places heavy scrutiny on alleged victim i.e. past sexual history, past abuse, mental health history

• he said/she said - importance of plaintiffs credibility 

• primary sign: overt rejection and filing a complain 

what is the least common response to sexual harassment?

filing a formal complaint

what is the role of an expert for the plaintiff?

• social psych of victim blaming and stereotyping and limitations 

• arguments of plaintiffs behaviour is welcoming, men falsely read sexual interest 

• broad research may not be seen as applicable to case at hand 

what is the role of the expert for the defence?

• plaintiffs past welcomeness to sexual activity, mental health, manner of speech an dress

• may argue past abuse that led to hypersensitivity of sexual harassment 

• may argue lack of generalizability of research, methodological weak points, external validity 

what is the organizational climate?

shared perceptions of employees concerning policies, procedures, practices of organizations

• certain organizational climates can foster or discourage sexual harassment 

• if organizations tolerate it, then severity and frequency can increase 

what is perceived leadership?

perceived attitudes of organizations management regarding sexual harassment

• if leadership doesn’t view it as serious then severity and frequency will increase and less likely to be reported 

what is gender composition of workplace?

sex-skewed environments, especially women in male dominated environments who are more likely to experience sexual harassment

what causes an increased tolerance of sexual harassment?

when policies, practices, and procedures are not

• well distributed and communicated 

• backed by all management levels 

• strong in their approach 

this leads to inadequate reporting and documentation procedures, and unclear investigatory procedures 

what will an expert testify on?

how the victim perceived the behaviour or how people in general do

what are the psychological symptoms?

• depression

• anxiety 

• social withdrawal 

• PTSD

this is evaluated by an expert 

what are the work related symptoms?

• loss of job

• loss of promotion

• loss of seniority

• loss of time income

what are the challenges with assessing and demonstrating harm?

• seeking damages can hinge the demonstrating harm that would not have suffered if not for harassment 

• experts are asked to separate harms related to harassment from other harm

• the pre existing conditions are still relevant 

what are the 4 types of well established findings?

1. negative effects of gender stereotyping in workplace

2. men and women perceive sexual harassment differently 

3. not everyone complains - most people dont 

4. trauma often results from the experience of harassment 

what are the other controversial issues and findings?

• problems measuring and defining sexual harassment-psychologically and legally 

• concerns about external validity 

• problems assessing mental health and sequelae of trauma and what causes it

• lack of empirical research on efficacy of sexual harassment policies, training, procedures 

• lack of research attention to those who experience sexual harassment