The Science and Practice of Expert Witnesses

This book offers science-based recommendations for expert witness practice.

There is significant literature on the effects of expert testimony on judge and juror decisions, yet there has been no systematic attempt to formulate strategies from this evidence that experts could adopt to increase the effectiveness of their testimony.

Around 86 percent of civil cases involve expert testimony, often with multiple experts in a single trial. Psychologists provide their specialized knowledge to educate courts and juries about psychological science that elucidates trial-relevant issues and to provide assessments of psychological constructs that are relevant in a forensic context in both criminal and civil litigation.

Chapters discuss research, with key implications for the presentation of expert testimony in court.

Introduction. The Science and Practice of Expert Witnesses: An Overview

Section I. The Legal, Psychological, and Ethical Context

• Chapter 1. Legal Context
• Chapter 2. Psychological Frameworks and Methods
• Chapter 3. Ethics of Serving as an Expert

Section II. Evaluating the Expert

• Chapter 4. Qualifying as an Expert
• Chapter 5. Expert Credibility
• Chapter 6. Expert Likability

Section III. Evaluating the Context of Expert Testimony

• Chapter 7. The Impact of Expert Testimony on Juror Decisions
• Chapter 8. Quality of Expert Testimony
• Chapter 9. Cross-Examination
• Chapter 10. Opposing Experts

Conclusion

Margaret Bull Kovera, PhD, is a presidential scholar and professor at John Jay College of Criminal Justice, City University of New York. She received her PhD in social psychology from the University of Minnesota. For over twenty years, she has conducted research on expert evidence, jury decision-making, and eyewitness identification. Her research on these topics has been published in Law and Human Behavior, Journal of Applied Psychology, Journal of Experimental Psychology: Applied, Applied Cognitive Psychology, and Psychology, Public Policy, and Law. She is a past-president of the American Psychology-Law Society and former editor-in-chief of Law and Human Behavior, the premier outlet for scholarship in psychology and law. She is a fellow of the American Psychological Association, the Association for Psychological Science, the American Psychology-Law Society (APLS), the Society for Experimental Social Psychology, and the Society for the Psychological Study of Social Issues (SPSSI). She is the recipient of the 2018 APLS Outstanding Book Award for The Psychology of Juries. She regularly serves as an expert witness in cases involving eyewitness identification.

Lora M. Levett, PhD, is an associate professor of criminology at the University of Florida. She received her PhD from Florida International University in legal psychology with a minor in social psychology in 2005. She has received grants from the National Science Foundation for her research on expert evidence, jury decision making, and eyewitness identification. Her work has appeared in Law and Human Behavior, Psychology,Public Policy, and Law, Behavioral Sciences and the Law, and other peer reviewed and law review outlets. She has consulted as an expert witness, educating attorneys, judges, and jurors about eyewitness identification evidence.