Psychologist in the Courts (From Role of Psychologists in the Criminal Justice System, P 70-79, 1983, Grant Wardlaw, ed. - See NCJ-92075)

• NCJ Number: 92079
• Author(s): P F Brown
• Date Published: 1983
• Length: 10 pages
• Sale Source: Australian Institute of Criminology; National Institute of Justice/
• Language: English
• Country: Australia
• Note: Appeared in the Australian Psychologist, V 16, N 3 (1981), P 423-432

Annotation

After giving brief attention to the role of the psychologist in the Australian children's court and family court, this paper offers advice for training psychologists to appear as expert witnesses in county and supreme courts.

Abstract

In about 10 percent of all cases passing through the children's court, referral is made by the magistrates for a clinical assessment by the children's court clinic. This clinic has a mandate to provide special reports of a medical/psychiatric/psychological nature after charges have been proven or a care application has been established. Psychologists working with a clinic are often called upon to give expert testimony based upon clinic assessments. While the children's court and family court are intended to be relaxed and informal, county and supreme court proceedings are more formal and thus intimidating to a psychologist inexperienced in giving expert testimony. Currently, psychologists receive little formal training in how to handle themselves as expert witnesses. It is important for the expert witness to appreciate that the aim of litigation is not to determine truth but to reach a decision on the basis of admissible evidence. The expert witness must also be able to explain his/her qualifications for rendering an 'expert' opinion in the matter before the court. Further, the psychologist testifying as an expert witness must be aware that at times, a statement of probability rather than possibility is required. Testimony should be truthful regarding what the psychologist does and does not know from the assessment at issue. The bearing and manner of the witness should be impartial and scientific, but the language used should be understandable to the layperson. Content suggestions are offered for seminars, workshops, and classes pertaining to the work of the psychologist in relation to the courts.