How to Maximize your Expert Witness. Presenter: Timothy Saar, Ph.D. Phone:

Transcription

1 How to Maximize your Expert Witness Presenter: Timothy Saar, Ph.D. Phone:

2 EXPERT WITNESS Expert witnesses are trained to take the stand and share specialized knowledge with the Court - specialized knowledge that may help the trier of fact make the decision they are charged to make. (Tess Neal, March 2009) According to Stanley Brodsky, Expertise is situation-specific: an effective expert witness must prepare for the role of expert witness. So too, should the lawyer. An expert who is not viewed as credible is less persuasive

3 EXPERT WITNESS Expert witness preparation is helping the expert be an effective testifier. The goal is to assist the expert in delivering the message he has to share in an effective and responsible manner. (Tess Neal, March 2009) In the end, your expert must appear knowledgeable, confident, trustworthy, and likeable.

4 What Types Of Cases Can Psychological Impairment Impact? Competency to waive Miranda rights Competency to Stand Trial Competency to Enter into a Plea Criminal Responsibility/Diminished Capacity Writ of Habeas Corpus

5 How Do You Know When An Expert Is Needed? Two primary areas to consider: 1. Cognitive 2. Psychological

6 Cognitive Factors Low Intelligence/History of Special Education History of Traumatic Brain Injury Poor recall of Information

7 Psychological Factors Self Report, I suffer from History of Mental Health Treatment Substance Abuse Irrational Behaviors

8 Court Orders vs. Private

9 I Wonder If There s Something Here? Sometimes a hunch or a gut feeling is a good thing otherwise not so much In times of uncertainty consider using a Private Consult

10 Court Order Evaluations When it s clear from the beginning After initial consult Results are typically sent to all parties

11 What Is Needed For A Forensic Evaluation? Records - Mental Health - Academic -Legal - Medical 3 rd party collaterals interviews - Friends, relatives, employers, and previous treating sources can add a great deal of info - Sometimes assistance in arranging or locating collaterals may be necessary

12 How To Make The Best Out Of A Private Consult Just like other relationships, communication is key - Talk to your expert and discuss your concerns - Determine what type of evaluation is needed or what factors you wish to assess - Discuss the results with your expert - a competent evaluator should tell you when not to proceed and if more assessment is needed

13 Post Evaluation New Information - Send new info to the expert and ask for comments, and if necessary, an addendum - Discuss impact to report Counter/Initial Report By Prosecution - Discuss implications with your expert - Obtain raw data and provide to your expert

14 Hearing/Trial Preparation is key Review your expert s qualifications - Review education - CEU s - Professional organizations - Number of cases - Number of years in the field THE REPORT- Have you had the opportunity to meet? Try to answer any possible concerns or other hypotheses before the cross-examination Do not exceed the scope of the witness s expertise

15 Hearing/Trial Prepare your expert for the specific type of hearing/trial. Discuss goals and whether or not a jury is involved. Discuss your line of questioning with the expert. This will allow you to save on redirect. Prepare your expert for possible crossexamination questions from the prosecution.

16 Post-Conviction Evaluations Sentencing (mitigating/sympathy factors) and recommendations Dangerousness Risk (Sexual Offender Evaluation)

17 Post-Conviction Evaluations Dangerousness Risk West Virginia Code 27-6A-3,4,5 - Found not competent, not substantially likely to attain competency, charge involves an act of violence - Not guilty by reason of mental illness - Release to less restrictive environment

18 Post-Conviction Evaluations Obtaining the Pre-Sentencing Investigation Report (PSI) -The PSI utilizes different assessment procedures than those typically found in forensic psychological evaluations -It is important as it allows your expert to address concerns noted in the PSI

19 Summary Initial consultation - Where do we go from here? Record Review/Critique Work in Progress Evaluation Post Evaluation Trial Sentencing

20 Questions

21 Thank You For Your Time & Attention Enjoy the Reception