Testifying in Court

Stanley L. Brodsky, PhD, is a forensic psychologist and consultant and trainer for forensic evaluations and expert testimony. He has written numerous books and articles about psychology and the law. His 2 8 book with Thomas Grisso, The Roots of Modern Psychology and Law: A Narrative History, won the Outstanding Book Award from the American Psychology-Law Society (APLS). Dr. Brodsky received distinguished achievement awards from the APLS and the International Association of Forensic and Correctional Psychology. He was visiting fellow at Harvard Medical School and visiting fellow or professor at universities in Australia, New Zealand, India, Israel, and England.

• AcknowledgmentsIntroduction: More Ways to Maxim-ize Your TestimonyI. PRIOR TO TESTIMONY. Beginning to Think and Act Like an Expert Witness2. Cherry-Picking3. Courtroom as Place Identity4. Culture and Diversity in Forensic Work5. Flawed Collateral and Assessment Data. Intimidation Before Testimony7. Preparation on the Go8. Psychotherapists in Court: To Testify or Not to Testify9. Report Matters. Socializing With Attorneys and Other Parties. Staying Current2. To Be an Expert3. Uninvolved and Inept Attorneys4. Virtual Testimony5. What to WearII. THE SKILLED WITNESS. Burden of Proof and Degree of Certainty7. Changing Your Mind8. Fooled by the Face9. The Learned Treatise : Writings of Authorities2 . The Learned Treatise 2: What You Have Written2 . Listening Well22. The Rumpelstiltskin Principle23. Saying amp ldquo I Don amp rsquo t Know amp rdquo Versus Waffling24. Using Quiet Times25. When the Expert Is Not Allowed to Answer2 . Wit-Free TestimonyIII. OBJECTIVITY CHALLENGES27. Allegiance Effects28. Hired Guns29. Professional Witnesses and ProfessionalismIV. DIRECT EXAMINATION3 . Beginnings: The Good Direct Examination3 . Brushed-Off Direct Examination32. Diverging on Direct Examination33. The Language of TestimonyV. CROSS-EXAMINATION34. Abrasive and Attacking Cross-Examinations35. The Abysmal History Gambit3 . The Admit amp ndash Deny Response37. Challenges to Experience : Insufficient Experience38. Challenges to Experience 2: Case-Specific Experience39. Challenges to Experience 3: The Case Against Experience4 . Credentialing and Qualifications: Common Challenges4 . Disaster Relief42. DSM-5: The Cautionary Statement43. The Expert Gaze44. Looking at the Jury45. Negative Assertions4 . Perspective Taking47. Power and Control on the Witness Stand48. Probes for Guilt and Shame49. The Push amp ndash Pull Technique5 . Set-Ups and Takedowns5 . Surprise Questions52. Theatrical and Outlandish Attorneys53. Transformative Moments54. Vigorous Cross-Examinations, Vigorous Answers55. Your Expertise Used Against YouVI. WHAT NOT TO DO5 . Feisty Experts57. Frittering Away Trustworthiness58. Humor59. Implicit Vouching and Winking at the Jury. The Lateral Arabesque. Meandering Expertise2. Narcissistic Experts3. Predictable Answers4. Recalcitrant and Unprepared: The Case for Consultation5. Testifying While Sick or Under the Influence. Traumatic Experiences on the Stand7. Worst Expert Testimony EverVII. AFTER YOUR TESTIMONY8. Fugue State Testimony9. Moving On7 . When It Is OverAppendix: Maxims for Quick ReviewReferencesIndexAbout the Author