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Testifying in court can be a challenging experience. Novices who are unfamiliar with the judicial environment can feel insecure about many aspects of their testimony, from the language they use to the clothes they wear. Even experienced expert witnesses can be flustered by a skillful lawyer's cross-examination.
For over 20 years, Stanley Brodsky's Testifying in Court has been a trusted guide for expert witnesses across a variety of professions. Readers have come to know and trust his sage and good-humored advice on every aspect of the experience from initial preparations to maintaining power and control during cross-examination.
In this extensively updated edition of his classic text, the author has combined a wealth of new research with feedback from users of the first edition and his own evolving experience as an expert witness. As in the first edition, key principles are addressed in brief essays that draw on real-life scenarios and end in a take-home maxim.
Table of Contents
Introduction to the Second Edition
Admit–Deny
Burden of Proof and Degree of Certainty
Challenges to Experience: 1. Insufficient Experience
Challenges to Experience: 2. Case-Specific Experience
Challenges to Experience: 3. The Case Against Experience
Changing Your Mind
Child Sexual Abuse Testimony
Collateral Data
Courtroom as Place Identity
Credentialing
Culture
Diagnoses and Definitions
The Direct Examination
Disaster Relief
DSM Cautions
Examiner Effects
Feisty Experts: Witnesses Chiding Judges and Attorneys
Freud as an Expert Witness
Frittering Away Trustworthiness
The Hired Gun
The Historic Hysteric Gambit
Humor
Intimidation
Just Before the Court Appearance
Knowing When to Fold Them
Language of Testimony
The Learned Treatise Gambit
Listening Well
Malingering and Faking Good
Moving On
Narcissistic Experts
Negative Assertions
Perspective-Taking
Power and Control on the Witness Stand
Predictable Answers
Probes for Guilt and Shame
Professional Witnesses and Professionalism
Psychotherapists as Expert Witnesses
The Pull to Affiliate and Allegiance Effects
The Push–Pull Technique
Qualifications and Expertise
Report Matters
The Rumpelstiltskin Principle
Saying "I Don't Know" Versus Waffling
Socialization During the Trial
Staying Current
Theatrical and Outlandish Attorneys
Transformative Moments
Uninvolved and Inept Attorneys
Using Quiet Times
Vigorous Cross-Examinations and Vigorous Answers
The Well-Dressed Witness
When It Is Over
Worst Testifying Experiences
Your Expertise Used Against You
References
Index
About the Author
Author Bio
Stanley L. Brodsky is a professor in the Department of Psychology at The University of Alabama, where he coordinates the psychology-law PhD concentration. His work specializes in the application of psychological knowledge to offenders, law, and legal issues. He is considered by many professionals and scholars to be the nation's leading expert on court testimony. In 2008, he was the recipient of the Distinguished Contributions to Psychology & Law Award of the American Psychology-Law Society.
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