Whenever you watch a crime drama, mystery film or read a mystery book, the role of expert witnesses are critical to the criminal justice system. Psychologists, be it clinical psychologists or forensic psychologists, are important examples of expert witnesses that the prosecution and defence draw on to strengthen their cases. Therefore, in this forensic psychology podcast episode, you’ll learn about what is an expert witness, how does a psychologist act and testify as an expert witness and more. If you enjoy learning about the criminal justice system, applied psychology and how psychologists have a real-world impact then this is a great episode for you.
Today’s psychology podcast episode has been sponsored by Police Psychology: A Forensic Psychology Guide To Police Behaviour. Available from all major eBook retailers and you can order the paperback and hardback copies from Amazon, your local bookstore and local library, if you request it. Also available as an AI-narrated audiobook from selected audiobook platforms and library systems. For example, Kobo, Spotify, Barnes and Noble, Google Play, Overdrive, Baker and Taylor and Bibliotheca.
What Is An Expert Witness?
Expert witnesses help to educate jurors as well as judges in criminal and civil cases about certain topics. For example, when the R. Kelly case went to trial where he was accused of sexual violence, sexual exploitation and coercive control, it raised a lot of questions within society that ultimately impacted the jury’s ability to understand what was going on in the case. For example, people couldn’t understand how R. Kelly had managed to persuade his victims to stay in his home, sometimes this went on for years. Therefore, both sides of a legal battle are likely to bring in expert witnesses because they help to strengthen their case.
In addition, expert witnesses can base their testimony on scientific, technical or specialised knowledge. As a result, when it comes to domestic abuse cases, expert witnesses (like a psychologist) help jurors and judges to understand that domestic abuse isn’t caused by the victim’s actions, mental health conditions, anger, substance abuse or jealousy.
Personally, I think one of the most important aspects or roles of expert witnesses is that they help the court to understand what victims-survivors do to survive. This thankfully helps the victims from being blamed or pathologized for the consequences of the abuse.
Since if we take my own sexual assault for example, even though I’ve never reported it to the police (around 90% of sexual violence survivors do the same as me), I can manage a defence solicitor would try to paint me as a so-called “crazy” unstable person because of my panic attacks, PTSD and intense social anxiety that my trauma caused. Thankfully, expert witnesses made that argument null-void and it helps survivors get the justice they deserve instead of being blamed and discredited for their trauma.
As I always say, trauma responses are normal reactions to extremely abnormal situations.
Furthermore, for a psychologist to become an expert witness, a judge reviews the expert’s credentials and then the judge agrees to admit their testimony into evidence before the expert witness is allowed to speak. Then the lawyer who engaged the expert, questions them first then the other lawyer gets to cross-examine.
Finally for this section, an expert witness (like a psychologist) can testify in two different ways. Firstly, they can testify in case-specific ways. This means the expert witnesses write a report and often testify to the facts of a specific case. Then the psychologist reviews the associated material, this can include medical or police reports, psychological evaluations, guardian ad litem reports, relevant photographs or records of text as well as court documents. Then the psychologist might conduct a domestic violence / coercive control interview and assessment with the alleged victim.
The final way is for an expert witness to testify according to general expertise. Which is when an expert doesn’t know that much about the specific case but they testify about domestic abuse or whatever the case is about more generally. In terms of the lawyers, the lawyer can still ask “what if” or hypothetical questions that show how the information might pertain to the case currently on trial.
Personally, I remember watching the Depp vs Amber Heard case and Elizabeth Loftus was an expert witness I think. Therefore, even if you’re a very academically focused psychologist, you can still become an expert witness if you want (and no I don’t know how you build yourself up to an expert witness) because of your research area. For example, Elizabeth Loftus is a legendary researcher when it comes to memory so she gets called in as an expert witness to testify on memory, and false memories.
Let’s explore these two types of testimony in a little more depth.
How Might Psychologists Be Used In Case-Specific Testimony?
If a psychologist becomes an expert witness to give case-specific testimony then the psychologist can discuss a range of topics on the stand and under oath. For instance, the possible cultural influences on the case, the specific coercive control and domestic abuse tactics used by the abuser, the different ways the survivor tried to moderate the abuse so the survivor could protect themselves and maybe others. Also, a psychologist can talk about the “natural history” of the couple from the time they met until the present day.
Since news flash, abuse rarely happens automatically in domestic violence and coercive control cases.
In addition, psychologists can discuss with judges and juries, the impact of the abuse on children and other family members, as well as the medical, psychological and financial impact of the abuse on the survivor. Also, the psychologist can talk about what they found after doing a domestic violence/ coercive control assessment on the survivor and they can give recommendations for custody and visitation. And a psychologist can discuss the validity of previous evaluations and assessments by other professionals.
Personally, I know I got this idea from TV so I know it doesn’t really happen in real life, but I would flat out love to be in a courtroom when a psychologist is ripping to shreds the evaluation and assessment done by a previous professional. I don’t know why I would like that, but I think it would be interesting to see.
How Might Psychologists Be Used In General Expertise Testimony?
Whereas if a psychologist becomes an expert witness and they’re called to give general expertise testimony then there’s a good chance, they’ll help the court understand the definitions of the issue and explanations as to why they occur. Such as, what is domestic violence and why domestic violence occurs. Also, the psychologist can help the court understand the research on coercive control as well as domestic violence, and explanations as to why a victim might lie, recant their statement or comply with, stay or defend the abuser.
In addition, psychologists can teach the judge and jury about the impact of trauma on child and adult witnesses and victims, how abuse can change in severity and frequency over time, and the consequences that victims face when they try to protect themselves or their children. As well as psychologists can teach them about the beliefs, characteristics, tactics, behaviours and motivations of offenders.
Ultimately, you can think of psychologists in general expertise as mythbusters. I see expert witnesses as helping the jury to realise a lot of the things that they’ve heard about abuse, sexual violence and victims are wrong because of the myths we’ve created for ourselves in society. For example, the disgusting myth that if a woman was actually raped she would fight back and never stay with her attacker.
Psychologists are critical for dispelling these myths.
How Might Psychologists Or Other Expert Witnesses Be Used In Civil Cases?
Whilst like everyone, my mind only thinks of psychologists acting as expert witnesses in criminal cases, they are sometimes used in civil cases. For example, when it comes to pre-and post-nuptial agreements or other contracts, an expert witness can evaluate whether this contract was signed under coercion and if this is the case, then the contract should be set aside. In other words, it should be ignored by the law.
And as someone who has a minor interest in contract law that is a very interesting idea.
Another way how psychologists and other expert opinions can be used in civil cases is in immigration cases. Since it’s often the case that a domestic abuse survivor’s immigration case tied to their partner or an asylum seeker needs relief from deportation because they face domestic homicide or another violent fate if they’re sent home. So expert witnesses can be useful in these cases for different reasons.
Thirdly, divorce cases can require expert witnesses to help the court understand the need to protect survivors from custody or divorce agreements that would enable further abuse or put them at even more risk. As well as civil benefit cases are another type where expert witnesses are useful, because during divorce proceedings, a survivor might be scared to talk about their right to half of their abuser’s assets or retirement pay. Therefore, an expert witness can help a survivor recover these benefits even after a time has passed. Sometimes long after the divorce proceedings.
Penultimately, in tort cases, expert witnesses can help survivors sue their abuser for the damages that have occurred over time. This is a tricky one because this is only applicable in certain jurisdictions and expert witnesses, like psychologists, are useful for explaining how the harm of the abuse can be established as a basis for compensation. Similarly, expert witnesses are useful for educating juries on why abusers might file constant court petitions to harass, control and improvise their victim. These types of cases are called litigation abuse or vexatious abuse.
Lastly, expert witnesses can be seen in family court during custody and visitation discussions. Since an expert can describe to the judge the evidence of domestic abuse and explain the victim’s survival behaviours. As well as when this is relevant the expert witness can offer a fact-based opinion about any potential danger there is to the child or children if the abuser gains custody or unsupervised visitation rights. Also, experts can counter any claims of “parental alienation syndrome” where the abuser’s lawyers try to wrest custody away from a protective parent.
Forensic Psychology Conclusion
Part of me would love to become an expert witness in the future, I’ve thought that years and whilst I admit I might have an idealised version of the life of an expert witness, I still think it would be fun. Yet between my child trauma, my sexual violence experience and my stutter at times which is made worse by stress, not including my PTSD, I don’t think this is something in my future. I seriously don’t.
However, it’s still important that we learn about things in psychology careers, even if we don’t think we could do it because something might change in the future. Then that dismissed career option might become more appealing and exciting again.
Overall, when a court needs a psychologist to help testify whether through general expertise or case-specific expertise. We’re still needed to help educate judges and jurors to dispel myths and misconceptions that could impact the case. Ultimately, expert witnesses, and this can include psychologists at times, are needed to testify at grand jury hearings, trials, plea negotiations, sentencing, parole hearings and clemency hearings without being “on” a side. Due to expert witnesses are simply there to tell the truth and educate people, we aren’t there to fight for a side.
Expert witnesses are such a fundamental part of our criminal justice system.
I am the last person who would ever say the criminal justice system is fair, but I firmly believe that expert witnesses and us telling the truth and educating judges and juries, we help to bring the system just a little closer to that lofty ideal.
And that is a win and just another way how psychology helps to make the world a better place. One small step at a time.
I really hope you enjoyed today’s clinical psychology podcast episode.
If you want to learn more, please check out:
Police Psychology: A Forensic Psychology Guide To Police Behaviour. Available from all major eBook retailers and you can order the paperback and hardback copies from Amazon, your local bookstore and local library, if you request it. Also available as an AI-narrated audiobook from selected audiobook platforms and library systems. For example, Kobo, Spotify, Barnes and Noble, Google Play, Overdrive, Baker and Taylor and Bibliotheca.
Have a great day.
Forensic Psychology References and Further Reading
Alceste, F., J Luke, T., D Redlich, A., Hellgren, J., D Amrom, A., & M Kassin, S. (2021). The psychology of confessions: A comparison of expert and lay opinions. Applied Cognitive Psychology, 35(1), 39-51.
https://www.psychologytoday.com/gb/blog/invisible-chains/202108/expert-witnesses-in-domestic-violence-and-coercive-control
Lubet, S., & Boals, E. I. (2020). Expert testimony: A guide for expert witnesses and the lawyers who examine them. Aspen Publishing.
Vredeveldt, A., van Rosmalen, E. A., Van Koppen, P. J., Dror, I. E., & Otgaar, H. (2022). Legal psychologists as experts: guidelines for minimizing bias. Psychology, Crime & Law, 1-25.
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