Coping With Cross-Examination and Other Pathways to Effective Testimony / Edition 1

by Stanley L. Brodsky PhD

Overview

In his latest collection of essays for forensic psychologists, Stanley L. Brodsky extends the lessons of his popular Testifying in Court series by focusing on the cross-examination, the trial phase that expert witnesses dread most. A leading teacher, scholar, and expert witness, Dr. Brodsky offers lessons and advice from the trenches to defuse the vulnerability psychologists may feel on the witness stand.
 
More than 50 brief essays, each summarized by a maxim, teach readers about the typical techniques attorneys use to challenge experts' credibility and the basis of their opinions. Pointers on preparation and effective narrative style are included, backed by findings from the emerging literature on the assessment of expert testimony.
 

Product Details

ISBN-13:	9781591470946
Publisher:	American Psychological Association
Publication date:	01/15/2004
Edition description:	New Edition
Pages:	249
Sales rank:	1,044,816
Product dimensions:	6.00(w) x 9.00(h) x (d)

About the Author

Stanley L. Brodsky, is professor of psychology at the University of Alabama, where he coordinates the Psychology–Law PhD concentration. He is the author of 11 books and 170 articles and chapters, mostly in psychology applied to legal issues. Among other honors, he was the 1996 recipient of the Distinguished Contribution Award for Outstanding Achievement in Forensic Psychology by the American Academy of Forensic Psychology. His books Testifying in Court: Guidelines and Maxims for the Expert Witness and The Expert Expert Witness: More Maxims and Guidelines for Testifying in Court have become major sourcebooks for expert witnesses. He maintains an independent practice in forensic psychology and is a frequent leader of workshops on court testimony and coping with cross-examination.
 

Table of Contents

Acknowledgments

I. Introduction

1. What This Book Is About
2. A Beginning Point: Ten Things You May Not Know About Testifying

II. Testimony: Narrative and Style

Telling a Clear and Compelling Story

1. Bridges 1: Telling a Story on the Stand
2. Bridges 2: Narrative Techniques for Courtroom Testimony
3. More Yin, Less Yang
4. Imagery to Reduce Anxiety
5. Reversals
6. Position and Alignment
7. Witness Preparation and Videotape Feedback
8. Hypercorrect and Personal Speech
9. Metaphors in Testimony

Obstacles and Pitfalls

1. Pretentiousness
2. Overconfidence
3. Smug and They Don't Know It
4. Suspicion-Evoking Testimony
5. Visible Displays of Emotion 1
6. Visible Displays of Emotion 2
7. Repetitions
8. Pocket Men and Quarterbacks
9. Defining Moments
10. Trivial Revenge
11. Lies

Cross-Examination Attacks and Bullying

1. Anticipate Tactics of the Adversarial Attorney
2. Bullying Attorneys
3. Involuntary Disclosure of Forensic Self
4. Gendered Invasion of Witness Privacy
5. Physical Threats
6. Ingratiation

III. Expertise and Bases for Testimony

Professional Dilemmas and Boundaries

1. Transcripts of Problem Depositions
2. When Unprepared
3. Translations
4. Empathy Dilemmas
5. Headline Testimony
6. Distrusting Experts
7. Lawyer Intrusions
8. Clear Boundaries of Testimony
9. (Not) Offering Advice
10. Token Experts
11. Expert Panels

Attorney Extrapolations and Demands

1. Yes or No Demands
2. Clients Next Door
3. More Pulls to Extrapolate
4. Echo Effects
5. Familiar Presentation of Famous Studies
6. Highly Paid, Well-Known Experts
7. Surprise Demands

Clarity and Focus

1. The Tough and Tangential Cross-Examination
2. Data Errors
3. Cross-Examinations About Tests
4. Sexual Predator Testimony 1: Principles
5. Sexual Predator Testimony 2: Challenges to the Construct
6. Actuarial Testimony

References

About the Author

Editorial Reviews

Reviewer: Nicholas Greco IV, MS, BCETS, CATSM, FAAETS (C3 Education and Research, Inc.)
Description: This book successfully provides both a foundation and a model for the expert witness while also attempting to alleviate the stress and uncertainty of testifying.
Purpose: The purpose is to examine the psychology behind cross-examination, how one is to think on the stand, which words should be used and which need to be avoided, and the interplay between attorney and witness. The author presents the issue of testifying in the hopes that the reader's fear will be alleviated and ultimately be mastered. In a litigious society, this book is quite timely and meets not only the author's objectives, but quite possibly the field of psychology.
Audience: Basically, any professional who has served or will be serving as an expert witness will benefit from this well written book. Mainly, both clinical and forensic psychologists and psychiatrists will find this book invaluable. The author's credibility and knowledge of the field of forensic psychology and the legal system is without question. He brings years of real world clinical and academic experience to this book.
Features: The book seems to cover every possible aspect of testifying in court from addressing body language, speech, and metaphors in testimony, overconfidence, and lies. Quite timely, is the author's discussion of the various professional dilemmas and boundaries. Many clinician experts will appreciate the tips for dealing with adversarial attorneys while on the stand. Overall, this book benefits from the short, concise chapters and stands out as a solid reference for one to refer to in the future.
Assessment: Stanley Brodsky has made a substantial worthwhile contribution to the field of mental health with this well written compilation of advice and knowledge for the expert witness. Truly a stand-alone book that deserves to be read by all clinicians who have or will be testifying in court.

Doody's Review Service

4 Stars! from Doody