Coping With Cross-Examination and Other Pathways to Effective Testimony

Pages: 249
Item #: 4317038
ISBN: 978-1-59147-094-6
List Price: $29.95
Member/Affiliate Price: $24.95
Copyright: 2004
Format: Softcover
Availability: In Stock
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For individuals in the U.S. & U.S. territories

Overview

In his latest collection of essays for forensic psychologists, Stanley L. Brodsky extends the lessons of his popular Testifying in Court series by focusing on the cross-examination, the trial phase that expert witnesses dread most. A leading teacher, scholar, and expert witness, Dr. Brodsky offers lessons and advice from the trenches to defuse the vulnerability psychologists may feel on the witness stand.

More than 50 brief essays, each summarized by a maxim, teach readers about the typical techniques attorneys use to challenge experts' credibility and the basis of their opinions. Pointers on preparation and effective narrative style are included, backed by findings from the emerging literature on the assessment of expert testimony.

Table of Contents

Acknowledgments

I. Introduction

  1. What This Book Is About
  2. A Beginning Point: Ten Things You May Not Know About Testifying

II. Testimony: Narrative and Style

Telling a Clear and Compelling Story

  1. Bridges 1: Telling a Story on the Stand
  2. Bridges 2: Narrative Techniques for Courtroom Testimony
  3. More Yin, Less Yang
  4. Imagery to Reduce Anxiety
  5. Reversals
  6. Position and Alignment
  7. Witness Preparation and Videotape Feedback
  8. Hypercorrect and Personal Speech
  9. Metaphors in Testimony

Obstacles and Pitfalls

  1. Pretentiousness
  2. Overconfidence
  3. Smug and They Don't Know It
  4. Suspicion-Evoking Testimony
  5. Visible Displays of Emotion 1
  6. Visible Displays of Emotion 2
  7. Repetitions
  8. Pocket Men and Quarterbacks
  9. Defining Moments
  10. Trivial Revenge
  11. Lies

Cross-Examination Attacks and Bullying

  1. Anticipate Tactics of the Adversarial Attorney
  2. Bullying Attorneys
  3. Involuntary Disclosure of Forensic Self
  4. Gendered Invasion of Witness Privacy
  5. Physical Threats
  6. Ingratiation

III. Expertise and Bases for Testimony

Professional Dilemmas and Boundaries

  1. Transcripts of Problem Depositions
  2. When Unprepared
  3. Translations
  4. Empathy Dilemmas
  5. Headline Testimony
  6. Distrusting Experts
  7. Lawyer Intrusions
  8. Clear Boundaries of Testimony
  9. (Not) Offering Advice
  10. Token Experts
  11. Expert Panels

Attorney Extrapolations and Demands

  1. Yes or No Demands
  2. Clients Next Door
  3. More Pulls to Extrapolate
  4. Echo Effects
  5. Familiar Presentation of Famous Studies
  6. Highly Paid, Well-Known Experts
  7. Surprise Demands

Clarity and Focus

  1. The Tough and Tangential Cross-Examination
  2. Data Errors
  3. Cross-Examinations About Tests
  4. Sexual Predator Testimony 1: Principles
  5. Sexual Predator Testimony 2: Challenges to the Construct
  6. Actuarial Testimony

References

About the Author

Author Bio
Stanley L. Brodsky, is professor of psychology at the University of Alabama, where he coordinates the Psychology–Law PhD concentration. He is the author of 11 books and 170 articles and chapters, mostly in psychology applied to legal issues. Among other honors, he was the 1996 recipient of the Distinguished Contribution Award for Outstanding Achievement in Forensic Psychology by the American Academy of Forensic Psychology. His books Testifying in Court: Guidelines and Maxims for the Expert Witness and The Expert Expert Witness: More Maxims and Guidelines for Testifying in Court have become major sourcebooks for expert witnesses. He maintains an independent practice in forensic psychology and is a frequent leader of workshops on court testimony and coping with cross-examination.