Discussion:
Fact and 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.
Questions:
1. Analyze and explain the two similarities and two differences between preparing fact witnesses versus expert witnesses that you selected.
2. Explain insights or conclusions you have as result of doing this comparison.
3. Analyze and explain how you would prepare the witness in the vignette for testimony and why you would do it in that way.