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Laureale
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What is an expert witness?
#expert #witness #forensic #psychology
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3 answers
Doc Frick
Career Coach and Mentor
1594
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California, CA
Updated
Doc’s Answer
Laureale forensic psychology expert witnesses are Doctor's of Psychology (Psy.D.) with experience in the practice of clinical or forensic psychology. Often, these experts work (or have worked) as psychologists or clinical directors.
QUALIFICATIONS FOR EXPORT WITNESSES IN FORENSIC PSYCHOLOGY
They may specialize in certain subfields, such as child psychology, substance use disorders, or post-traumatic stress disorder, in their clinical practice. Seeking a forensic psychologist expert witness with a specialized background can be highly valuable for cases in which an evaluee’s age or mental health history is at issue. In addition to these formal qualifications, forensic psychologist expert witnesses need a thorough understanding of storytelling and rhetoric, including the effects of including or omitting certain details from their reports.
Forensic psychology reports differ in one key fashion from the reports of other types of expert witnesses. For many experts, the report documents tasks or steps the expert has performed in the search for understanding. For instance, a materials scientist asked to analyze an allegedly defective bolt will perform certain laboratory tests, the results of which are written down in the report. For forensic psychologists, the report is not a documentation of outside practices. Rather, it is the reason the expert is hired: To make professional opinions and assessments understandable to non-psychology professionals like attorneys and judges.
Typically, forensic psychologists are asked to perform clinical evaluations to determine an individual’s competence to stand trial or their mental capacity. For example, a forensic psychologist may be consulted to determine whether an individual met state or federal standards for legal insanity at the time of their alleged crime, or to evaluate whether an individual was of “sound mind” required to legally create a will or estate plan. Forensic psychologists are also asked to consult and testify on sentencing recommendations, treatment recommendations, and evaluations of future risk. Their input is valuable whenever an individual’s legal capacity or responsibility is at issue, including situations in which an individual is suspected to be malingering or feigning symptoms of a mental or emotional disorder.
Attorneys working with forensic psychologists need not only to discuss confidentiality with their chosen expert but also to understand confidentiality from the psychologist’s and patient’s point of view. For instance, a forensic psychology report will often contain information explaining the limits of confidentiality. The forensic psychologist performing the evaluation must often explain to the person being evaluated that their written report and/or oral testimony may be submitted based on their evaluation. In some instances, this may occur whether or not the evaluated person consents to the evaluation. As with any expert witness, an understanding of applicable expert witness standards, the process of providing testimony, and confidentiality and work-product standards are valuable. Clarifying the scope and nature of the expert’s services via a written agreement can help both the forensic psychologist and the attorney’s team create a foundation for a productive work relationship.
Step 1. Get Started with an Undergraduate Degree
Step 2. Complete a Master’s Degree in Psychology
Step 3. Complete a Doctoral Degree (PsyD)
Step 4. Earn a State License to Practice Psychology
In addition to a doctoral degree in psychology from an accredited college or university, most states require at least two years of supervised professional experience—about 2,000 hours in an internship and about 2,000 hours post-doc, in most cases. Some states, like Michigan, however, can require much more (6,000 supervised hours), while some states, like California (3,000 supervised hours) require less. Some states also require taking and passing a jurisprudence examination prior to state licensure.
QUALIFICATIONS FOR EXPORT WITNESSES IN FORENSIC PSYCHOLOGY
They may specialize in certain subfields, such as child psychology, substance use disorders, or post-traumatic stress disorder, in their clinical practice. Seeking a forensic psychologist expert witness with a specialized background can be highly valuable for cases in which an evaluee’s age or mental health history is at issue. In addition to these formal qualifications, forensic psychologist expert witnesses need a thorough understanding of storytelling and rhetoric, including the effects of including or omitting certain details from their reports.
Forensic psychology reports differ in one key fashion from the reports of other types of expert witnesses. For many experts, the report documents tasks or steps the expert has performed in the search for understanding. For instance, a materials scientist asked to analyze an allegedly defective bolt will perform certain laboratory tests, the results of which are written down in the report. For forensic psychologists, the report is not a documentation of outside practices. Rather, it is the reason the expert is hired: To make professional opinions and assessments understandable to non-psychology professionals like attorneys and judges.
Typically, forensic psychologists are asked to perform clinical evaluations to determine an individual’s competence to stand trial or their mental capacity. For example, a forensic psychologist may be consulted to determine whether an individual met state or federal standards for legal insanity at the time of their alleged crime, or to evaluate whether an individual was of “sound mind” required to legally create a will or estate plan. Forensic psychologists are also asked to consult and testify on sentencing recommendations, treatment recommendations, and evaluations of future risk. Their input is valuable whenever an individual’s legal capacity or responsibility is at issue, including situations in which an individual is suspected to be malingering or feigning symptoms of a mental or emotional disorder.
Attorneys working with forensic psychologists need not only to discuss confidentiality with their chosen expert but also to understand confidentiality from the psychologist’s and patient’s point of view. For instance, a forensic psychology report will often contain information explaining the limits of confidentiality. The forensic psychologist performing the evaluation must often explain to the person being evaluated that their written report and/or oral testimony may be submitted based on their evaluation. In some instances, this may occur whether or not the evaluated person consents to the evaluation. As with any expert witness, an understanding of applicable expert witness standards, the process of providing testimony, and confidentiality and work-product standards are valuable. Clarifying the scope and nature of the expert’s services via a written agreement can help both the forensic psychologist and the attorney’s team create a foundation for a productive work relationship.
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Douglas Ray, CMR, AMR
Sales, consulting, and marketing
52
Answers
Marietta, Georgia
Updated
Douglas’s Answer
An expert in particular area such as construction, medical, manufacturing, etc could be called as an expert witness in a court case for the plaintiff or defendant depending on the circumstances.
Kim Igleheart
Career Counselor | Police Officer
1738
Answers
San Antonio, Texas
Updated
Kim’s Answer
great question!
Short answer: An expert witness, particularly in common law countries such as the United Kingdom, Australia, and the United States, is a person whose opinion by virtue of education, training, certification, skills or experience, is accepted by the judge as an expert. (wikipedia)
At a trial, each side tries to prove their case, by having the strongest testimony. As an example, I was involved in a civil case against a previous employer. In trying to show the damages I incurred by no longer being employed there, we retained an Economics professor to make the calculations. We knew that he routinely did this type of work, and there was little chance he would be denied "Expert witness" status in court. Imagine getting to court and being told your expert is not going to be able to testify as an expert! What if you were trying to prove which gunshots were the fatal ones that killed the victim, and, your expert's credentials were successfully challenged?
There are often Experts who testify for one side or the other. The fact that they are only "plaintiff" experts or "defense" experts could weaken their status. One who testifies for both sides is more likely to be perceived as unbiased.
How does one get to be an expert in the field? Not sure! Probably includes having lots of research published in "peer reviewed" journals, presenting at conferences, etc. At some point in your career you may become the person that others go to when they have questions about particular issues. You can become an expert in one area of psychology, but not be considered an expert in other areas.
Here's a little more reading on the subject: https://legal-dictionary.thefreedictionary.com/Expert+Testimony
Short answer: An expert witness, particularly in common law countries such as the United Kingdom, Australia, and the United States, is a person whose opinion by virtue of education, training, certification, skills or experience, is accepted by the judge as an expert. (wikipedia)
At a trial, each side tries to prove their case, by having the strongest testimony. As an example, I was involved in a civil case against a previous employer. In trying to show the damages I incurred by no longer being employed there, we retained an Economics professor to make the calculations. We knew that he routinely did this type of work, and there was little chance he would be denied "Expert witness" status in court. Imagine getting to court and being told your expert is not going to be able to testify as an expert! What if you were trying to prove which gunshots were the fatal ones that killed the victim, and, your expert's credentials were successfully challenged?
There are often Experts who testify for one side or the other. The fact that they are only "plaintiff" experts or "defense" experts could weaken their status. One who testifies for both sides is more likely to be perceived as unbiased.
How does one get to be an expert in the field? Not sure! Probably includes having lots of research published in "peer reviewed" journals, presenting at conferences, etc. At some point in your career you may become the person that others go to when they have questions about particular issues. You can become an expert in one area of psychology, but not be considered an expert in other areas.
Here's a little more reading on the subject: https://legal-dictionary.thefreedictionary.com/Expert+Testimony