Testifying in court : guidelines and maxims for the expert witness

"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"--Publicity materials. (PsycINFO Database Record (c) 2012 APA, all rights reserved) Testifying In Court Can Be A Challenging Experience For Both Novice And Veteran Expert Witnesses. For Over 20 Years, Stanley Brodsky's Testifying In Court Has Been A Trusted Source Of Sage And Good-humored Advice On Every Aspect Of The Process, From Initial Preparations To Maintaining Control During Cross-examination. The Chapters In This Extensively Updated New Edition Draw On Real-life Scenarios To Illustrate Key Principles, And Each Chapter Ends With An Easily Recallable Maxim--unedited Summary From Book Cover. 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 -- Direct Examination -- Disaster Relief -- Dsm Cautions -- Examiner Effects -- Feisty Experts -- 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. Stanley L. Brodsky. Includes Bibliographical References (p. 230-238) And Index. Contents Introduction to the Second Edition 1 Admit–Deny 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