Objectives:
• To know about the role of psychologists as an expert witness
• To learn the report writing for courts as an expert witness.
Expert witness
“A witness with specialized knowledge of a particular subject who is called to testify about an event even though they were not present when the event occurred.”
As expert witnesses, forensic psychologists typically are asked whether they were able to reach an opinion “to a reasonable degree of psychological certainty.” qualified psychologists have been permitted to offer expert witness testimony on a wide range of psycho legal issues in both civil and criminal courts.
Forensic psychologists often testify as experts in court. There are numerous ways that a forensic psychologist can assist the many kinds of courts at law (civil, criminal, family, probate and juvenile) few of most important kinds of assessment are listed below:
• Insanity Pleas
• Violence Risk
• Sexual Offence Risk
• Child Custody Hearings
Insanity Pleas
Insanity evaluations are competency evaluations and sanity evaluations. Sanity evaluations are also called "criminal responsibility” or mental state at the time of the offense evaluations. Duty to assess that whether who committed the crime was sane at the time when he /she committee the crime or not.
Violence Risk
Prior release of a dangerous criminal, in the same way a psychologist is called to assess the future violence risk, and present a report in court.
Sexual Offence Risk
Services of psychologists are also sought to assess the future risk of sexual offences.
Child Custody Hearings
Child custody cases also involve psychologists as an expert witness. In the case of divorce the issue of child custody arises and separations that take place in Pakistani families settled in Britain are bitter one, mother accusing father as very violent and wild and father blaming mother as having some mental disorder like mental retardation e.t.c. So in such cases the help of psychologists is sought either by the lawyer of father / mother or by court. In a civil case of child custody, the parent deemed more likely to fulfill the best interests and needs of the child is awarded custody, and the other parent may be permitted only limited or supervised visitation or no contact at all. Psychologist has to assess that who can fulfill the child’s emotional and supportive needs.usually three types of assessment are done by t he psychologists in such cases:
1. Assessment of father
2. Assessment of mother
3. Assessment of child
4. In some cases the whole family is assessed
And for all these kinds of assessments clinical psychologists are involved and court prefer clinical psychologists that is why one of my previous lectures I mentioned that the preferred route to become a forensic psychologist is to become a clinical psychologist. Psychologist assess the stable job of father, financial conditions mental status, presence of personality disorders, assessment of cognitive abilities, violence tendencies and over all frame work to determine who can be the best in interests of child.
In terms of evaluating mother, issues are addressed like whether mother will re-marry or not and if yes then step father is also evaluated and his feelings and behavior about child is also determined. What a psychologist has to do as an expert witness?
1. Assessment
2. Writing court report
We have discussed in detail that how psychologists assess people by using checklists, personality inventories and projective tests. Now let’s discuss writing court reports.
Writing Court Reports as Expert Witness
Font page will address following features:
• In the XYZ Court like ( Civil, high, supreme or family court e.t.c)
• Between
• Claimant and Defendant (name of claimant and defendant)
• Report regarding ABC (like report of child custody case)
• Prepared at the request of:
• Instructing lawyers (defense lawyer of prosecution lawyer)
Contents
1. Summary of conclusions
2. Instructions
3. Issues
4. Brief Curriculum Vitae
5. Documentation
6. Chronology/ Case abstract
7. Technical Background
8. Opinion
9. Literature/ References
10. Expert’s declaration
11. Statement of Truth
12. Appendices
Summary of Conclusion
Usually in other documents summary of conclusion is presented at the end but in report of expert witness it is listed in the beginning because the court does not have enough time to read the whole, detailed report.
Summary of conclusion includes:
• List the main facts derived from the evidence dealt with in the report.
• And opinions arrived at.
• And answers to questions posed by the court/lawyers.
Instructions
Substance of all instructions given by the court or worthy judge that is received by the expert, whether written or oral should be clearly mentioned in instruction and an expert is strictly restricted to follow those instructions. Do not give your opinion the court has not asked you to do. Issues Main issues are to be listed here like personality disorder or mental retardation of any of the parents.
• The issues to be addressed should be clearly set out.
• These need to be well-defined.
• These could have arisen in the preliminary findings.
Brief Curriculum Vitae of expert witness
• Name of expert and affiliation
• Qualifications
• Relevant experience:
• Competence to act as an expert witness.
• In relation to the specific issues at hand.
• Identity of any assistants who helped with the report.
Documentation
• A full list must be provided of all documents that are consulted by psychologist as an expert witness.
• And material on which the report is based.
Chronology
• Factual items of the evidence.
• No opinion is to be included here.
• Outline of details of history of the case.
Technical Background
• All terms should be defined clearly.
• An explanation of the technical issues.
• Details should be clearly presented.
• Paragraphs should be of reasonable length.
• All technical terms should be clearly defined or explained.
• Details of any tests conducted should be set out
Opinion
• Expert should express his position clearly. like child should stay with mother)
• Unambiguously
• The facts used to arrive at the opinion should also be listed here.
• The reasons given for the opinion should be explicit.
• Alternative opinions should be addressed here.
References
A numbered list of all items of technical literature relied on is listed in this section of report.
Expert’s declaration
The expert declares that “I understand that my overriding duty is to the court, both in preparing reports and in giving oral evidence. I have complied and will continue to comply with that duty”
Statement of Truth
Also provide the statement of truth with signatures as it is legal requirement of submitting the reports to court “I confirm that insofar as the facts stated in my report are within my own knowledge I have made clear which they are and I believe them to be true, and the opinions I have expressed represent my true and complete professional opinion”
• To learn the report writing for courts as an expert witness.
Expert witness
“A witness with specialized knowledge of a particular subject who is called to testify about an event even though they were not present when the event occurred.”
As expert witnesses, forensic psychologists typically are asked whether they were able to reach an opinion “to a reasonable degree of psychological certainty.” qualified psychologists have been permitted to offer expert witness testimony on a wide range of psycho legal issues in both civil and criminal courts.
Forensic psychologists often testify as experts in court. There are numerous ways that a forensic psychologist can assist the many kinds of courts at law (civil, criminal, family, probate and juvenile) few of most important kinds of assessment are listed below:
• Insanity Pleas
• Violence Risk
• Sexual Offence Risk
• Child Custody Hearings
Insanity Pleas
Insanity evaluations are competency evaluations and sanity evaluations. Sanity evaluations are also called "criminal responsibility” or mental state at the time of the offense evaluations. Duty to assess that whether who committed the crime was sane at the time when he /she committee the crime or not.
Violence Risk
Prior release of a dangerous criminal, in the same way a psychologist is called to assess the future violence risk, and present a report in court.
Sexual Offence Risk
Services of psychologists are also sought to assess the future risk of sexual offences.
Child Custody Hearings
Child custody cases also involve psychologists as an expert witness. In the case of divorce the issue of child custody arises and separations that take place in Pakistani families settled in Britain are bitter one, mother accusing father as very violent and wild and father blaming mother as having some mental disorder like mental retardation e.t.c. So in such cases the help of psychologists is sought either by the lawyer of father / mother or by court. In a civil case of child custody, the parent deemed more likely to fulfill the best interests and needs of the child is awarded custody, and the other parent may be permitted only limited or supervised visitation or no contact at all. Psychologist has to assess that who can fulfill the child’s emotional and supportive needs.usually three types of assessment are done by t he psychologists in such cases:
1. Assessment of father
2. Assessment of mother
3. Assessment of child
4. In some cases the whole family is assessed
And for all these kinds of assessments clinical psychologists are involved and court prefer clinical psychologists that is why one of my previous lectures I mentioned that the preferred route to become a forensic psychologist is to become a clinical psychologist. Psychologist assess the stable job of father, financial conditions mental status, presence of personality disorders, assessment of cognitive abilities, violence tendencies and over all frame work to determine who can be the best in interests of child.
In terms of evaluating mother, issues are addressed like whether mother will re-marry or not and if yes then step father is also evaluated and his feelings and behavior about child is also determined. What a psychologist has to do as an expert witness?
1. Assessment
2. Writing court report
We have discussed in detail that how psychologists assess people by using checklists, personality inventories and projective tests. Now let’s discuss writing court reports.
Writing Court Reports as Expert Witness
Font page will address following features:
• In the XYZ Court like ( Civil, high, supreme or family court e.t.c)
• Between
• Claimant and Defendant (name of claimant and defendant)
• Report regarding ABC (like report of child custody case)
• Prepared at the request of:
• Instructing lawyers (defense lawyer of prosecution lawyer)
Contents
1. Summary of conclusions
2. Instructions
3. Issues
4. Brief Curriculum Vitae
5. Documentation
6. Chronology/ Case abstract
7. Technical Background
8. Opinion
9. Literature/ References
10. Expert’s declaration
11. Statement of Truth
12. Appendices
Summary of Conclusion
Usually in other documents summary of conclusion is presented at the end but in report of expert witness it is listed in the beginning because the court does not have enough time to read the whole, detailed report.
Summary of conclusion includes:
• List the main facts derived from the evidence dealt with in the report.
• And opinions arrived at.
• And answers to questions posed by the court/lawyers.
Instructions
Substance of all instructions given by the court or worthy judge that is received by the expert, whether written or oral should be clearly mentioned in instruction and an expert is strictly restricted to follow those instructions. Do not give your opinion the court has not asked you to do. Issues Main issues are to be listed here like personality disorder or mental retardation of any of the parents.
• The issues to be addressed should be clearly set out.
• These need to be well-defined.
• These could have arisen in the preliminary findings.
Brief Curriculum Vitae of expert witness
• Name of expert and affiliation
• Qualifications
• Relevant experience:
• Competence to act as an expert witness.
• In relation to the specific issues at hand.
• Identity of any assistants who helped with the report.
Documentation
• A full list must be provided of all documents that are consulted by psychologist as an expert witness.
• And material on which the report is based.
Chronology
• Factual items of the evidence.
• No opinion is to be included here.
• Outline of details of history of the case.
Technical Background
• All terms should be defined clearly.
• An explanation of the technical issues.
• Details should be clearly presented.
• Paragraphs should be of reasonable length.
• All technical terms should be clearly defined or explained.
• Details of any tests conducted should be set out
Opinion
• Expert should express his position clearly. like child should stay with mother)
• Unambiguously
• The facts used to arrive at the opinion should also be listed here.
• The reasons given for the opinion should be explicit.
• Alternative opinions should be addressed here.
References
A numbered list of all items of technical literature relied on is listed in this section of report.
Expert’s declaration
The expert declares that “I understand that my overriding duty is to the court, both in preparing reports and in giving oral evidence. I have complied and will continue to comply with that duty”
Statement of Truth
Also provide the statement of truth with signatures as it is legal requirement of submitting the reports to court “I confirm that insofar as the facts stated in my report are within my own knowledge I have made clear which they are and I believe them to be true, and the opinions I have expressed represent my true and complete professional opinion”
