Testifying in Court: Guidelines and Maxims for the Expert Witness

by Stanley L. Brodsky PhD

Overview

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.

Product Details

ISBN-13:	9781433836329
Publisher:	American Psychological Association
Publication date:	11/15/2022
Edition description:	Third Edition
Pages:	299
Product dimensions:	6.00(w) x 9.00(h) x (d)

About the Author

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.
 

Table of Contents

Introduction to the Second Edition

1. Admit–Došeny
2. Burden of Proof and Degree of Certainty
3. Challenges to Experience: 1. Insufficient Experience
4. Challenges to Experience: 2. Case-Specific Experience
5. Challenges to Experience: 3. The Case Against Experience
6. Changing Your Mind
7. Child Sexual Abuse Testimony
8. Collateral Data
9. Courtroom as Place Identity
10. Credentialing
11. Culture
12. Diagnoses and Definitions
13. The Direct Examination
14. Disaster Relief
15. DSM Cautions
16. Examiner Effects
17. Feisty Experts: Witnesses Chiding Judges and Attorneys
18. Freud as an Expert Witness
19. Frittering Away Trustworthiness
20. The Hired Gun
21. The Historic Hysteric Gambit
22. Humor
23. Intimidation
24. Just Before the Court Appearance
25. Knowing When to Fold Them
26. Language of Testimony
27. The Learned Treatise Gambit
28. Listening Well
29. Malingering and Faking Good
30. Moving On
31. Narcissistic Experts
32. Negative Assertions
33. Perspective-Taking
34. Power and Control on the Witness Stand
35. Predictable Answers
36. Probes for Guilt and Shame
37. Professional Witnesses and Professionalism
38. Psychotherapists as Expert Witnesses
39. The Pull to Affiliate and Allegiance Effects
40. The Push–Pull Technique
41. Qualifications and Expertise
42. Report Matters
43. The Rumpelstiltskin Principle
44. Saying "I Don't Know" Versus Waffling
45. Socialization During the Trial
46. Staying Current
47. Theatrical and Outlandish Attorneys
48. Transformative Moments
49. Uninvolved and Inept Attorneys
50. Using Quiet Times
51. Vigorous Cross-Examinations and Vigorous Answers
52. The Well-Dressed Witness
53. When It Is Over
54. Worst Testifying Experiences
55. Your Expertise Used Against You

References

Index

About the Author

What People are Saying About This

Susan Hatters Friedman

Professor Brodsky’s book teaching experts how to testify in court is a classic. This insightful volume is full of practical advice for expert witnesses, in down-to-earth language, illustrated with stories. Experts not only in psychology but across various medical disciplines, whether they are new at testifying or frequently find themselves in court, will find their knowledge enhanced.

Eric Y. Drogin

Don’t call it a comeback. Prior editions haven’t become dated; they just keep evolving. Dr. Brodsky is a peerless source of contemporary guidance on practical aspects of testifying in court.

Randy K. Otto

A general principle about expert testimony is that, in order to be persuasive, witnesses must not only be knowledgeable about the subject matter that is the focus of their testimony, but they also must be able to hold the audience’s attention when communicating their opinions. The third edition of this volume makes clear Dr. Brodsky can check both boxes when it comes to expert testimony. With a new organization, and new content that comes from his own experience and that of others, Dr. Brodsky has used his always engaging style to improve what is a classic volume.

Thomas Grisso

Brodsky’s legendary advice on expert testimony is not just about technique but recognizing your own vulnerabilities and defenses—in short, knowing yourself. If you thought the earlier editions taught you all you needed to know, you’ll be surprised. And it’s served up with Brodsky’s trademark knack for telling illustrative stories that stick with you.

Joel A. Dvoskin

Stan Brodsky has done it again. Testifying in court can be a terrifying experience, and Brodsky has calmed and comforted generations of mental health professionals with practical wisdom and sage advice. This readable book includes realistic hypotheticals; stories of real cases; up-to-date social science; lots of humor; and, as always, the legendary Brodsky Maxims. I recommend this book to anyone headed to court, for the first time or the hundredth.

Tess M.S. Neal

Stan Brodsky’s scholarly work and popular writings about expert testimony have guided expert witnesses for generations. This book offers new guidance to coach expert witnesses to be better at what they need to do. It cuts without nonsense and with refreshing immediacy to the core of various issues involved in testifying as an expert.