Question: Application: Vignette
A 14-year-old female alleges that she was befriended by three males who are 1 to 3 years older than she is. All of the males are of a different race than the 14-year-old. All of those involved go to the same private high school, and the males are heavily involved in sports at the school. The female is an attractive young lady who has average to low average intellect and comes from a very religious family. Academically, her grades are commensurate with her intellect. She also appears to be emotionally immature and a bit "spacey." The 14-year-old alleges that the three males talked her into performing oral sex on all of them in a wooded area on school grounds one day following an after-school program. She alleges that all three of the males were present and one held her head while she preformed oral sex on him. You learn from the 14-year-old's mother that the young lady has changed her story about being forced to engage in oral sex (initial story) to agreeing to engage in oral sex (second story) after the prosecutors decided to press charges and she had returned to school. The incident has prompted the family to take her out of the school because of all the attention that is being focused on the pending trial of the three male students. She now attends another school and is adjusting. How would you prepare the 14-year-old female to testify as a fact witness?
Application: Fact Witnesses Versus Expert Witnesses
All witnesses are not equal. There are significant differences between a fact witness and an expert witness, and the preparation of each for testimony requires different strategies. Fact witnesses can testify only to what they know directly, whereas expert witnesses can testify not only to their areas of expertise, but also to information gathered from other sources, often referred to as hearsay evidence.Thus, expert witnesses usually have greater latitude with what they are allowed to testify to, as well as how to use their testimony.
As a forensic psychology professional working with the courts, you may be asked to testify in capacities that include, but are not limited to, testifying as an expert or a fact witness, even when you have had direct professional contact with an individual involved in the case. You also are likely to be asked to prepare a fact witness to testify before trial. Conveying elements of effective testimony that are specific to fact witnesses is an essential aspect of the forensic psychology professional's role in preparing witnesses.
To prepare for this assignment:
• Review the selected pages in Chapter 18 in your course text Psychological Evaluations for the Courts. Focus on the elements of testimony that you would use to prepare a fact and an expert witness.
• Review Chapter 9 in Coping With Cross-Examination and Other Pathways to Effective Testimony, and focus on witness preparation.
• Review the article "Ethical Considerations of Multiple Roles in Forensic Services," paying particular attention to the similarities and differences between preparing fact versus expert witnesses.
• Review the book excerpt, Chapter 3, "Testifying in Courtrooms," in Forensic Social Work: Legal Aspects of Professional Practice.Even though this chapter is specific to social workers testifying in court, the definitions and strategies for preparation of fact and expert witnesses remain consistent across fields. Think about the definitions and purposes of fact and expert witnesses. Keep in mind the similarities and differences between preparing fact versus expert witnesses.
• Select two similarities and two differences in preparing fact witnesses versus expert witnesses.
• Read the handout "Vignette: Week 10," located in this week's Learning Resources, and think about how you would prepare the witness in the vignette for testimony.
The assignment: (1-3 pages)
• Analyze and explain the two similarities and two differences between preparing fact witnesses versus expert witnesses that you selected.
• Explain insights or conclusions you have as result of doing this comparison.
• Analyze and explain how you would prepare the witness in the vignette for testimony and why you would do it in that way.
• Support your responses with citations from the Learning Resources.
Support your Application Assignment with specific references to all resources used in its preparation. You are asked to provide a reference list only for those resources not included in the Learning Resources for this course.
Discussion: COLLAPSE Elements of Effective Testimony
Testimony from a fact or expert witness can be effective or ineffective. Effective testimony provides persuasive information to the trier of fact (the judge or jury) in any case. Although truthful and ethical testimony is always the goal, there are ways in which information can be presented that may help forensic psychology professionals to be more effective in their roles as expert witnesses without compromising the truth or their ethics. Expertise, trustworthiness, impression management, and dynamism all will contribute to the effectiveness of a forensic psychology professional's testimony.
It is important to note that the purpose of the forensic psychology professional is not to testify to persuade the trier of fact in any direction or to agree with one side over another. He or she is there to present data and information so that the trier of fact understands the situation, regardless of which side has called him or her to testify.
In this Discussion, you identify examples of effective testimony in the video Murder on a Sunday Morning and analyze elements of those examples in terms of their efficacy.
To prepare for this Discussion:
• Review the assigned pages of Chapter 18 in your course text Psychological Evaluations for the Courts. Focus on what constitutes effective testimony. Then, consider the elements of effective testimony in regard to the assigned chapter in your text, as well as the assigned video, Murder on a Sunday Morning.
• Review this week's selected chapters in Coping With Cross-Examination and Other Pathways to Effective Testimony, and consider the elements of effective testimony. Also, review the previously assigned chapters from weeks 3 and 9, and consider the elements of effective testimony and why they are effective.
• Review the article "Coping on the Witness Stand: Learned Responses to ‘Learned Treatises'." Reflect on the different ways in which testimony can be effective or ineffective.
• View the video Murder on a Sunday Morning. Think about what constitutes an effective testimony and why it is effective.
• Review the course media, "Chapter 2," and focus on techniques for being an effective witness. Think about how to prepare yourself or others for testimony and cross-examination.
• Review the course media, "Chapter 3," and focus on techniques for being an effective witness. Think about the importance of verbal and nonverbal communication in testimony.
• Select four examples of expert testimony from the video Murder on a Sunday Morning. Consider how and why you think each is effective.
With these thoughts in mind:
Post by Day 4 a brief description of the four examples of effective testimony you selected from the video Murder on a Sunday Morning. Then explain why and how you think each is effective, and be sure to identify the elements of each example that contribute to its effectiveness. Be specific and justify your response.
Be sure to support your postings and responses with specific references to the Learning Resources.