| YEAR | EXPERT TESTIMONY | AUTHOR | SOURCE | SELECTION | ABSTRACT |
|---|---|---|---|---|---|
| 2009 | Admissibility of expert testimony concerning eyewitness evidence | Brett Trowbridge PhD, JD | psychology tape | 1074 | no abstract |
| 2009 | Expert witness mental health testimony: handling deposition traps | Donald A. Eisner, Ph.D., J.D | psychology CD | 10601 | An expert witness in a deposition usually is subjected to intense questioning. There are a number of landmines that emerge. The presentation focuses on four areas: credibility trap, conflict of interest trap, invasion of privacy trap, and hypothetical question trap. Attendees should learn how to deal with intense questions during oral depositions; the various ways opposing attorneys try to destroy expert witness credibility; ways to avoid being ensnared in the deposition traps. Donald Eisner is a licensed psychologist and attorney. He has represented plaintiffs in psychotherapy malpractice actions, therapists in front of licensing boards, and has been an expert witness in state and federal court. |
| 2008 | Restrictions on expert testimony | Ralph Slovenko JD, PhD | psychiatry CD |
10826 |
In this presentation the following topics are discussed: the trial judge as gatekeeper, right of confrontation, testimony on ultimate issue, form of testimony, special rules on qualification of experts, ethics guidelines, treating therapist as expert, forensic consultation in states in which the expert is not licensed, and suspension or termination of professional license. |
| 2007 | Timing of Eyewitness Expert Testimony Within a Trial | Bruce Lee PhD |
psychiatry journal | 7040 | Mistaken identity has been cited often as one of the leading causes of wrongful convictions in criminal trials. Several legal remedies have been proposed including eyewitness expert testimony (1). Geiselman et al. (2, 3) found expert testimony to improve jurors discrimination between good and poor eyewitnessing conditions as described in a mock trial scenario. The present experiment was designed to explore an optimal timing of the expert testimony within a trial toward maximizing jurors' discrimination of the eyewitness evidence. Results showed that presenting the expert testimony before the trial evidence enhanced jurors' free recall of the testimony, increased perceptions of defendant guilt, but did not increase juror discrimination of the eyewitness evidence. It was concluded that the more optimal timing for the expert testimony is following the presentation of the trial evidence. |
| 2005 | Eyewitness expert testimony revisited: assisting the fact finder | R Edward Geiselman PhD | psychology tape | 3168 | Fallible eyewitness testimony continues to be a major concern for both the defense and the prosecution or plaintiff. As of 2005, the research base from eyewitness psychology consists of thousands of experiments focused on a primary set of factors known to reliably affect eyewitnesses in certain ways under certain conditions. This lecture will familiarize forensic psychologists with research in eyewitness psychology, nonopinion based expert psychological testimony, and mock jury studies of expert psychological testimony. |
| 2005 | How to provide expert testimony in civil and criminal cases: what every expert and lawyer needs to know |
Karen E Koskoff MA, JD | psychology tape | 3195 | Every expert needs to be effective in the courtroom using powerful and persuasive language that meets legal challenges. Experts need to know how to persuade, use demonstrable evidence and to teach the jury and judge effectively. Attendees will learn how to bolster opinions during cross-examination, to write a comprehensive report, to properly prepare a case, and how to handle the lawyers, including those with whom they are working most closely. Lawyers need to know how to prepare their experts for cross-examination, protect them in the courtroom, provide them with the support necessary to ensure their opinions are heard, understood and accepted. |
| 2005 | Assistance to the fact finder: eyewitness expert testimony vs. attorney s closing arguments | R Edward Geiselman PhD Betty Mendez |
psychology journal | 9013 | Mistaken identity has been cited often as one of the leading causes of wrongful convictions in criminal trials. Several legal remedies have been proposed including eyewitness expert testimony. Geiselman et al. found expert testimony to improve jurors discrimination between good and poor eyewitnessing conditions, as described in a mock trial scenario, but inclusion of attorneys' adversarial closing arguments largely eliminated the enhanced discrimination. In the present experiment, judge's instructions were included prior to the closing arguments to explain that the attorneys' arguments are not evidence. Implications for presenting eyewitness expert testimony in a trial are discussed. |
| 2004 | Daubert hearings on the admissibility of eyewitness expert testimony | R Edward Geiselman PhD | psychology tape | 3070 | Eyewitness psychology is a long-recognized field of study that utilizes the same experimental method as chemistry and physics. Nevertheless, with some exceptions, prosecutors and judges have found creative justifications for the continued exclusion of eyewitness experts from trial proceedings. Attendees will learn about the purpose and content of eyewitness expert testimony, about Daubert hearings on admitting EET, about trends in judicial decisions under Daubert with respect to EET that include invading the province of the jury, lack of relevance, and lack of assistance to the fact finder. |
| 2002 | Effects of expert testimony on mock jurors' decision making and memory | James Griffith PhD | psychology journal | 650 | This experiment examined the influence of two types of expert testimony (specific and general) on mock jurors decision making and memory of a legal case involving a repressed memory of childhood sexual abuse. Gender differences were found for monetary damages with women awarding more than twice as much as men. Women also remembered more of the trial than did their male counterparts. Additionally, subjects who were exposed to specific expert testimonies were able to recall more than subjects in the general expert testimony condition. |
| 2002 | Eyewitness expert testimony and juror decisions | R Edward Geiselman PhD | psychology journal | 651 | Hundreds of research papers have been written concerning the potential inaccuracy of eyewitness recollections and several legal remedies have been proposed including eyewitness expert testimony. However, relatively little research has been carried out to evaluate the effectiveness of eyewitness expert testimony on juror decision making. Results indicated that the adversarial closing arguments led jurors to be skeptical of the eyewitness evidence, and to thereby base their decisions on other evidence. Implications for presenting eyewitness expert testimony in a court of law are discussed. |
| 2001 | The Canadian standard for admissibility of expert testimony-qualification issues | David S. Nussbaum, PhD |
psychology tape | 1061 | Attendees will understand Canada s criteria for admissibility of expert testimony and contrast it with U.S. criteria; how to formulate opinions to conform to the requirements, and how to properly present to the court limitations of admissibility criteria. |
| 2001 | Admissibility of expert testimony concerning eyewitness evidence | Brett Trowbridge PhD, JD | psychology tape | 1704 | Participants will be able to cite cases concerning the admissibility of expert eyewitness testimony; understand what factors courts use in deciding whether to admit expert eyewitness testimony; gain insight into how Evidence Rule 702 and Daubert or Frye impact the admissibility of expert eyewitness testimony. |
| 2000 | Admissibility of expert psychological testimony -the case of hedonic damages | Gregory Joseph PsyD Elliot Atkins EdD |
psychology journal | 627 | The authors examine the issue of forensic psychological assessment of hedonic damages in light of the Supreme Court s decision in Daubert and beyond. Following a review of the rules of admissibility of psychological evidence, the authors address hedonic damages in this context. Case examples are used to illustrate observed weaknesses in both the scientific methods for assessing hedonic loss and the resulting testimony by forensic psychologists. |
| 2000 | Mock trial-expert testimony, civil case, police shooting, PTSD (1 of 3) | David Glaser MD | psychiatry tapes | 1112 | This is a civil case focusing on the PTSD diagnosis of a 30 year-old man shot by a police officer. The psychiatrist engaged by the defense denied PTSD and instead diagnosed intermittent explosive disorder, personality disorder and gunshot wound to abdomen, medically resolved. The trial will focus on the testimony, direct and cross-examination of the psychiatrists as expert witnesses in court. |
| 2000 | Mock trial-expert testimony, civil case, police shooting, PTSD (3 tapes) | David Glaser MD | psychiatry tapes | 1113 | Mock trial |
| 1999 | Diplomacy in criminal court testimony-proactive strategies for the expert | Valerie R. McClain, Psy.D. | psychology tape | 1167 | Expert testimony in criminal court proceedings necessitates proactive strategies in order to anticipate potential challenges to credibility, adversarial cross-examination, and the best use of clinical data. Case reports will be used to highlight the importance of strategic planning when providing services as a forensic expert. A step-by-step approach will be detailed utilizing cases in order to identify necessary safeguards for planning participation in criminal proceedings. Attendees will be able to identify key factors in strategically planning to provide proactive criminal court expert testimony at critical stages including initial recruitment, assessment, testimony and recommendations; anticipate and plan for potential challenges to expert testimony in criminal court proceedings. |
| 1999 | Admissibility and expert psychological testimony-hedonic damages | Elliot Atkins, Ed.D. | psychology tape | 1126 | Psychologists will become familiar with pertinent professional and legal issues regarding the presentation of expert testimony as defined by the Daubert decision. This presentation will address the current controversy surrounding the assessment of hedonic damages, or loss of one s enjoyment of life. Since compensation for such damages can be awarded in legal proceedings, the issues of whether and how hedonic damages can be measured have become increasingly important for forensic psychologists. |
| 1999 | Impact of Daubert on psychiatric and expert testimony relating to child sexual abuse | Sheila Taub JD | psychiatry tapes | 9087 | This presentation discusses the meaning of the Daubert decision and subsequent important judicial decisions, particularly as they relate to the kinds of clinical and scientific evidence that may be presented in litigation involving issues of child sexual abuse and "recovered memories" of child sexual abuse. |
| 1999 | Expert testimony in alcohol liability cases | Eric W. Fine, MD |
psychiatry tapes | 1144 | Fundamentals of dram shop liability, trial issues and expert testimony in legal cases involving misuse of alcohol and preparation of court reports in such cases. |
| 1999 | Regulating expert testimony (part 1 of 2) | Douglas Richmond JD | psychiatry journal | 628 | Expert testimony is the engine that drives modern litigation. Mental health professionals are frequently called to testify as expert witnesses in a wide variety of personal injury cases, as well as in criminal cases. Both lawyers and testifying professionals must understand the rules governing the introduction of expert testimony, and the grounds and bases on which expert testimony may be excluded. Such understanding is critical to their clients cases and to the fair administration of justice. This article examines the use and introduction of expert testimony in both state and federal courts. The scope of the article is broad; its foundation is the Federal Rules of Evidence and the Federal Rules of Civil Procedure. This article also examines two very practical aspects of expert testimony: conflicts of interest involving expert witnesses and the compensation of expert witnesses. Understanding potential conflicts of interest is particularly critical, inasmuch as conflicts may result in experts and lawyers disqualification in any given case. |
| 1999 | Regulating expert testimony | Douglas Richmond JD | psychiatry journal | 649 | no abstract |
| 1998 | Psychological damages, forensic examinations--expert testimony in employment disputes | John Paddock PhD | psychology tape | 1210 | Participants will gain state of the art knowledge about legal theory and case law in employment related disputes where emotional damages are at issue. |
| 1998 | Repressed memories-effects of expert testimony on mock jurors' decision making | James Griffith MA Terry Libkuman PhD Debra Poole PhD |
psychology journal | 6089 | This experiment examined the influence of two types of expert testimony (specific and general) on mock jurors decision making and memory of a legal case involving a repressed memory of childhood sexual abuse. Participants were exposed to one of four conditions (specific plaintiff expert testimony specific defense expert testimony, specific plaintiff expert testimony general expert defense testimony, general plaintiff expert testimony specific defense expert testimony, or general plaintiff expert testimony general defense expert testimony), awarded damages to the plaintiff, and completed a free recall memory task. Gender differences were found for monetary damages with women awarding more than twice as much as men. Women also remembered more of the trial than did their male counterparts. Additionally, subjects who were exposed to specific expert testimonies were able to recall more than subjects in the general expert testimony condition. Possible re-signs for these results and the implications are discussed. |
| 1997 | Child sexual abuse-expert testimony--substantive and rehabilitative evidence | Marcia Slattery MD | psychiatry tapes | 1284 | The existence and impact of child sexual abuse (CSA) has been well documented and recognized. Efforts, however, to identify, intervene, and adjudicate CSA cases have resulted in heightened debate and scrutiny within clinical and legal arenas. The potential importance and impact of the expert witness in the judicial process cannot be underscored, with experts often being called upon to address developmental and psychological evidence, frequently in the absence of medical findings. The role of the expert witness in CSA cases will be discussed, including the distinction between substantive and rehabilitative evidential testimony. |
| 1996 | Adolescent homicide, defendant tried as an adult, expert testimony-murder of parents | Timothy Michals MD Steven Samuel PhD |
psychiatry tape | 10035 | In a recent case, a teenager admitted to murdering his parents in his family's home. A decertification hearing determined that he would be tried as an adult. At the hearing and jury trial, the authors provided psychiatric and psychological testimony for the prosecution. At trial, focus was whether this young man was legally insane at the time he committed the murders. The authors will describe their experiences and present for discussion the insanity defense and plea of guilty by reason of mental illness. Helpful evaluative guidelines and procedures will be offered. |
| 1995 | Psychological injury reports, expert testimony in civil litigation-basics and beyond | Jerry von Talge PhD | psychology tape | 1360 | no abstract |
| 1995 | Role of the forensic psychologist in providing expert testimony on chronic pain syndromes - the Canadian experience | Desmond Coen PhD | psychology journal | 2655 | Expert testimony on chronic pain syndromes is often confusing to the court. This can have the effect of leaving the legal decision makers to their own devices in achieving clarity in this enormous and technically complex area of personal injury litigation. This article examines the roots of this confusion, clarifies key terminology, and suggests a simple three-part psychological assessment strategy to help the court to reach a comprehensive and clear view of the psychological condition of the chronic pain patient. |
| 1995 | Eyewitness expert testimony | R Edward Geiselman PhD | psychology tape | 1324 | no abstract at this time |
| 1994 | From memory drum to superior court-the eyewitness situation, interview, expert testimony (2 tapes) | R Edward Geiselman PhD | psychology tape | 10056 | The goal of this workshop is to provide attendees with the practical knowledge needed by psychologists who are asked to evaluate and testify in legal cases involving credibility of eyewitnesses. |
| 1992 | Stress claims, psychophysiology and expert psychological testimony | Robert Grove PhD | psychology tape | 1997 | Stress claims focus on subjective pre morbid and post trauma phenomena. Psychophysiology provides a "snapshot" of current stress reactivity. The question is, to what extent does current stress reactivity reflect either a pre morbid condition or a true posttraumatic reaction? |
| 1992 | Forensic challenge-expert testimony | Joann Ondrovik PhD | psychology journal | 5188 | Attorney David Hamilton and psychologist Joann Ondrovik discuss the frustrations mental health professionals have historically experienced when confronted with the adversarial nature of the court system. The best clinical judgment and treatment approaches may pale when subjected to forensic scrutiny... Without question, however, the forensic arena presents an exciting challenge for those who are willing to accept it. Contents include: assessment skills, substantive knowledge, organization and communication, written reports are discussed. |
| 1992 | Forensic challenge-expert testimony | Joann Ondrovik PhD David Hamilton PhD, JD |
psychology tape | 1845 | Attorney David Hamilton and psychologist Joann Ondrovik discuss the frustrations mental health professionals have historically experienced when confronted with the adversarial nature of the court system. The best clinical judgment and treatment approaches may pale when subjected to forensic scrutiny... Without question, however, the forensic arena presents an exciting challenge for those who are willing to accept it. Contents include: assessment skills, substantive knowledge, organization and communication, written reports are discussed. |
| 1990 | Police brutality litigation and expert testimony | Stuart Bobrow JD Marvin Ziporyn MD |
psychiatry tapes | 1775 | Legal background of police brutality cases and the role of the psychiatrist as expert witness. Importance of evidence in police negligence cases and demonstration of interpretation of this evidence at trial. |
| 1990 | Expert testimony in the sentencing phases of trials -survey of judges, attorneys, psychiatrists and psychologists | Billie Corder EdD Valerie Spalding JD Dolly Whitsde JD Reid Whiteside PhD |
psychology journal | 5069 | What do you consider to be the primary problems and errors you have observed in testimony given by mental health expert witnesses in the sentencing phases of trials? Do you feel judges or juries give more weight to testimony emphasizing research evidence, or to the clinical experience of the expert witnesses? What techniques have you observed to be most effective in the presentation of mental health expert witnesses testimony in this phase of trials? What techniques have you observed to be most effective in handling cross-examination by these witnesses? Authors report responses of judges and forensic psychiatrists and psychologists from their survey. |
| 1990 | Effects of witnessing conditions and expert testimony on credibility of an eyewitness | R Edward Geiselman PhD | psychology journal | 5045 | The influence on opinions of eyewitness credibility from the type of witnessing conditions present during a crime and the type of expert testimony presented during a trial was determined, using one hundred subjects. Among findings was an interaction between the type of expert testimony and the change in credibility scores made by subject jurors, indicating an increase in credibility with supportive expert testimony, and a decrease in credibility with unsupportive expert testimony. |
| 1989 | Child custody evaluations, interviewing, testing and expert testimony | J Wineman PhD | psychology tape | 1499 | Statutes and case law surrounding child custody determinations and the integration of psychological data, interview and test results, in formulating an opinion for the court. |
| 1989 | Sexual provocation as a legal defense to a charge of murder: role of expert psychiatric testimony and diagnostic considerations | Emmanuel Aquino MD | psychiatry journal | 6201 | Culpable homicide that otherwise would be murder may be reduced to manslaughter if the person who committed it did so in the "heat of passion" caused by sudden provocation. |
| 1984 | A reading of psychological evaluation and expert testimony-practical guide to forensic work | Robert Howell PhD | psychology journal | 8112 | no abstract |