2003Advances in Psychiatric TreatmentOpen access

Expert testimony in court. 2: In the witness box

Patricia Casey

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Abstract

Thorough preparation is essential before going into the witness box as an expert witness. This involves, among other things, rereading all the case notes and other relevant documentation and being familiar with recent research in areas related to the case. Areas of probable disagreement between experts should be discussed during consultation with counsel, since cross-examination is likely to focus on these. A specific protocol applies in the courtroom, especially when in the witness box. The approach to examination-in-chief is outlined and the tactics used during cross-examination are described, as these can be used to undermine the evidence of the witness.

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Thorough preparation is essential before going into the witness box as an expert witness. This involves, among other things, rereading all the case notes and other relevant documentation and being familiar with recent research in areas related to the case. Areas of probable disagreement between experts should be discussed during consultation with counsel, since cross-examination is likely to focus on these. A specific protocol applies in the courtroom, especially when in the witness box. The approach to examination-in-chief is outlined and the tactics used during cross-examination are described, as these can be used to undermine the evidence of the witness.

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Available abstract

Thorough preparation is essential before going into the witness box as an expert witness. This involves, among other things, rereading all the case notes and other relevant documentation and being familiar with recent research in areas related to the case. Areas of probable disagreement between experts should be discussed during consultation with counsel, since cross-examination is likely to focus on these. A specific protocol applies in the courtroom, especially when in the witness box. The approach to examination-in-chief is outlined and the tactics used during cross-examination are described, as these can be used to undermine the evidence of the witness.

Key concepts: Cross-examination, Witness, Expert witness, Documentation, Forensic psychology, Psychology, Law, Focus (optics)

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