Assignment 1: Serving As An Expert Witness
Introduction
- What psychological factors affect a child whose parents are in the middle of a custody dispute? Need Assignment Help?
- What are the psychological ramifications of sexual harassment in the workplace?
- Could repeated viewing of pornography cause a defendant to abuse a small child?
Most of us do not know the answers to these questions. Neither do most jurors. A forensic psychologist is used by the legal system as an expert witness to provide knowledge that the average juror does not have.
This week, you examine the role and limitations of the expert witness, as well as the legal standards required to be qualified as an expert witness. You also analyze a mental disorder from a forensic psychology perspective.
Students will:
- Apply legal standards for expert witness qualification
- Analyze limitations inherent to serving as expert witness
- Analyze diagnostic criteria for specific mental disorder
Assignment 2: The Expert Witness
Judges and most jurors simply do not have the knowledge about mental health that forensic psychologists do, and so they depend on the testimony of expert witnesses to clarify certain aspects of the case. But what happens when a forensic psychologist becomes known as favoring one side or the other?
A forensic psychologist, who demonstrates expertise in his or her field can be qualified by a judge to serve as an expert witness, provided legal standards are met. As an expert witness, a forensic psychologist can testify regarding a defendant's mental state, a defendant's competency to stand trial, a particular mental illness, or a defendant's motive. Attorneys tend to hire forensic psychologists whom they believe will testify on behalf of their clients. This "hired gun" mentality can lead to ethical and credibility issues. Forensic psychologists are ethically bound to provide objective assessments and testimony of their findings, whether these benefit the attorney or not. Yet there is still some skepticism about forensic psychologists serving as expert witnesses, given the fact that their opinion can sway a judge and/or jury in a certain way. In fact, the qualification of expert witnesses and the criteria for expertise have been tested at the highest judicial level in the U.S., the Supreme Court.
For this Discussion, you analyze the implications of using a forensic psychologist as an expert witness. You examine the standards used to qualify expert witnesses and the limitations when serving as an expert witness.
To prepare for this Discussion:
Review Chapter 13 in Wrightman's Psychology and the Legal System. Think about the role of expert witnesses in the legal system.
Review the article "A Confidence-Credibility Model of Expert Witness Persuasion: Mediating Effects and Implications for Trial Consultation." Think about the correlation between jury selection and witness preparation.
Review the article "On Being an Expert Witness: It's Not About You." Review how to prepare to serve as an expert witness.
Resources:
Be sure to review the Learning Resources before completing this activity.
To Prepare
Review the article "When Cross-Examination Offends: How Men and Women Assess Intrusive Questioning of Male and Female Expert Witnesses." Reflect on the impact of questioning expert witness testimony.
Review the article "The Testimony of Forensic Identification Science: What Expert Witnesses Say and What Factfinders Hear." Think about the impact of the type of information presented by the expert witness.
Review the article "Psychological expert witness testimony and judicial decision making trends."
Consider what standards are used when determining admissibility of expert testimony.
Review the article "Unloading the hired gun: Inoculation effects in expert witness testimony."
Question the ethical considerations when acting as an expert witness.
Post your response to the following:
What are the most concerning challenges or implications today facing forensic psychologists serving as expert witnesses? Support your post with references to the standards for expert witness qualification, as well as the ethical guidelines.
Be sure to support your postings and responses with specific references to the Learning Resources.
Respond to postings from at least two of your colleagues in one or more of the following ways:
Ask a probing question and provide insight into how you would answer your question, and why.
Ask a probing question and provide the foundation, or rationale, for the question.
Expand on your colleague's posting by offering a new perspective or insight.
Agree with a colleague and offer additional (new) supporting information for consideration.
Disagree with a colleague by respectfully discussing and supporting a different perspective.
Assignment 3: Mental Disorders:
When forensic psychologists serve as expert witnesses they need to be able to explain mental disorders affecting defendants and their actions. The complexity of mental disorders underlying many cases necessitates experts to help jurors sort fact from fiction.
For this Application Assignment (Section 3 of your Comprehensive Report), you review your case and analyze the diagnostic criteria for the defendant's mental disorder.
Please note that this assignment is Section 3 of your Comprehensive Report.
To prepare for this Application Assignment:
Review the Assignment Directions below (or Comprehensive Report Section 3 in the Project Instructions) and the Application Assignment rubric located in the Course Information area.
Review your assigned case. Consider the ethical implications of serving as an expert witness.
Review this week's Learning Resources.
Document: Project Comprehensive Report (Word document)
Submit a 2-4-page paper (Comprehensive Report Section 3) that answers the following questions:
What is the defendant being charged with (e.g., Felony Theft)?
What is the defendant's mental diagnosis (e.g., Schizophrenia)?
What are the diagnostic criteria for the defendant's mental disorder?
How does the case background and crime information support the diagnosis?
What information do you think the judge and jury should know about the defendant's mental disorder and why?
Support your Application Assignment with specific references to all resources used in its preparation. You are asked to provide a reference list for all resources, including those in the Learning Resources for this course.