NCJ Number
51504
Date Published
1977
Length
8 pages
Annotation
GUIDELINES TO HELP PSYCHIATRISTS AND OTHER EXPERT WITNESSES IN THE FIELD OF MENTAL HEALTH COPE WITH CROSS-EXAMINATION ARE OFFERED.
Abstract
THE SEVERITY WITH WHICH MENTAL HEALTH WITNESSES ARE ATTACKED IN CROSS-EXAMINATION IS NOTED. STEPS THAT SUCH WITNESSES SHOULD TAKE PRIOR TO THE TRIAL--MEETING WITH THE ATTORNEY TO PLAN TESTIMONY, MAKING ARRANGEMENTS TO ACCOMMODATE THE COURT'S SCHEDULING PROBLEMS--ARE NOTED. THIRTEEN TECHNIQUES FOR COPING WITH CROSS-EXAMINATION ARE LISTED: BEING KNOWLEDGEABLE ABOUT SCIENTIFIC AND FACTUAL INFORMATION, REVIEWING RELEVANT ARTICLES PRIOR TO TESTIMONY, KEEPING TRACK OF THE AMOUNT OF TIME SPENT IN PREPARATION, BEING HONEST, ADMITTING WEAKNESSES, TALKING TO THE JUDGE AND JURY AS WELL AS TO THE ATTORNEY, USING THE PUSH-PULL TECHNIQUE (INITIALLY ADMITTING AND THEN DENYING THE TRUTH IN A PROVOCATIVE QUESTION) TO DEAL WITH THE CROSS-EXAMINING ATTORNEY'S ATTEMPT TO ELICIT A SINGLE DAMAGING ADMISSION, CITING SPECIAL AREAS OF EXPERIENCE AND KNOWLEDGE, ANTICIPATING THE CROSS-EXAMINING ATTORNEY'S STRATEGY, TAKING TIME TO THINK BEFORE ANSWERING, NOT SPEAKING FOR OTHER EXPERTS, NOT TALKING TOO MUCH, AND LISTENING CAREFULLY TO QUESTIONS. A CHART SHOWING TYPICAL GAMBITS IN EXPERT WITNESS CROSS-EXAMINATION AND RESPONSES THAT DEFLATE THE EFFECTIVENESS OF THE GAMBITS IS PROVIDED. A LIST OF REFERENCES IS INCLUDED. (LKM)