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Lawyers, psychologists, and social workers discuss the thornier aspects of testimony and provide recommendations on the proper role of the expert witness. In each chapter, one or more current problem areas associated with expert testimony in cases of child abuse are described. (PsycINFO Database Record (c) 2004 APA, all rights reserved).
The testimony of expert witnesses to inform courtroom decisions is critical if intelligent and just verdicts are to be reached. Few judges, jurors or lay witnesses possess the necessary knowledge to adequately understand the complexities of human behaviour as they relate to acts of interpersonal violence. While lay witnesses can testify to actual incidents or observations, it is the expert witness who can provide forensic significance to such evidence. This volume clearly defines the need for and role of expert witnesses in litigation. The author demystifies the process, and provides practical guidance on preparing and presenting expert testimony. In so doing, he will assist courts to more accurately assess and weigh eviden
In the 1980s, a series of child sex abuse cases rocked the United States. The most famous case was the 1984 McMartin preschool case, but there were a number of others as well. By the latter part of the decade, the assumption was widespread that child sex abuse had become a serious problem in America. Yet within a few years, the concern about it died down considerably. The failure to convict anyone in the McMartin case and a widely publicized appellate decision in New Jersey that freed an accused molester had turned the dominant narrative on its head. In the early 1990s, a new narrative with remarkable staying power emerged: the child sex abuse cases were symptomatic of a 'moral panic' that had produced a witch hunt. A central claim in this new witch hunt narrative was that the children who testified were not reliable and easily swayed by prosecutorial suggestion. In time, the notion that child sex abuse was a product of sensationalized over-reporting and far less endemic than originally thought became the new common sense. But did the new witch hunt narrative accurately represent reality? As Ross Cheit demonstrates in his exhaustive account of child sex abuse cases in the past two and a half decades, purveyors of the witch hunt narrative never did the hard work of examining court records in the many cases that reached the courts throughout the nation. Instead, they treated a couple of cases as representative and concluded that the issue was blown far out of proportion. Drawing on years of research into cases in a number of states, Cheit shows that the issue had not been blown out of proportion at all. In fact, child sex abuse convictions were regular occurrences, and the crime occurred far more frequently than conventional wisdom would have us believe. Cheit's aim is not to simply prove the narrative wrong, however. He also shows how a narrative based on empirically thin evidence became a theory with real social force, and how that theory stood at odds with a far more grim reality. The belief that the charge of child sex abuse was typically a hoax also left us unprepared to deal with the far greater scandal of child sex abuse in the Catholic Church, which, incidentally, has served to substantiate Cheit's thesis about the pervasiveness of the problem. In sum, The Witch-Hunt Narrative is a magisterial and empirically powerful account of the social dynamics that led to the denial of widespread human tragedy.
"Social workers are frequently called to testify as experts in courts of law on a variety of subjects. Courts rely on information offered in evidence as the basis for decisions rendered, and oral testimony by witnesses is often the major source of evidence provided at a trial. Witnesses who testify as experts play a critical role in interpreting data, explaining complex material, and drawing informed inferences on the basis of their training and experience. Answering specific legal issues in particular jurisdictions often requires review of layers of applicable local, state, or federal laws that apply to a case. Although this law note is not intended to be a substitute for legal consultation regarding specific issues that affect social workers' expert testimony in a particular case, many examples are discussed, and social workers who do testify, or may be called to testify, as experts will want to have this volume ready to hand." -- Publisher website.
This groundbreaking book provides a comprehensive resource for speech-language pathologists who may already serve as expert witnesses, for those wanting to broaden their practice to include expert witnessing and for those who may find themselves involved in a dispute or due process hearing. Complex concepts are explained through numerous case studies as examples of disputes in all work settings.Brenda Chafin Seal and Lissa Power-deFur draw on their many years of experience as speech-language pathologists and as expert witnesses to help you understand all of the following:the roles and responsibilities of expert and fact witnessesthe ethical issues involved in both agreeing to serve as a witness and in serving as a witnesspreliminary and contractual tasks required of expert witnesseslegal terminology and procedures used across the nation and in different statesthe legal framework and background for different types of disputesthe importance of documentation, including clear communication, throughout the processbusiness considerations, including conflicts of interest as well as financial issues, and employment issueshow following best practice can avoid or mitigate litigationhow reflection and assessment can improve expert witnessing under the scope of practiceSpeech-language pathologists are uniquely positioned to offer expertise in communication and swallowing disorders disputes and to disambiguate confusion in complex cases. This book will give you the insights you need as a confident and knowledgeable witness to represent yourself, your client, and your profession in malpractice, health care disputes, privacy and confidentiality breaches, abuse, child custody, fraud, special education conflicts, criminal cases, civil rights claims, and more.
Carole Jenny's Child Abuse and Neglect: Diagnosis, Treatment and Evidence focuses attention on the clinical evidence of child abuse to help you correctly diagnose and treat such cases in your own practice. In print and online, this unique, well-illustrated clinical reference provides new insights into the presentation and differential diagnosis of physical abuse and looks at shaken baby syndrome, sex offenders, and abuse in religious organizations, information on the biomechanics of injury, and other factors. Identify an abusive injury and treat it effectively by reviewing evidence and critical analyses from leading authorities in the field. Recognize the signs of shaken baby syndrome, sex offenders, and abuse in religious organizations. Understand the biomechanics of injury to determine whether abuse was truly the cause of a child's injury. View illustrations that show first-hand examples of child abuse or neglect. Search the complete contents online and download the illustrations at www.expertconsult.com.
Grounded in the latest clinical and developmental knowledge, this book brings together leading authorities to examine the critical issues that arise when children and adolescents become involved in the justice system. Chapters explore young people’s capacities, competencies, and special vulnerabilities as victims, witnesses, and defendants. Key topics include the reliability of children’s abuse disclosures, eyewitness testimony, interviews, and confessions; the evolving role of the expert witness; the psychological impact of trauma and of legal involvement; factors that shape jurors’ perceptions of children; and what works in rehabilitating juvenile offenders. Policies and practices that are not supported by science are identified, and approaches to improving them are discussed.
This volume provides the first rigorous assessment of the research relating to the disclosure of childhood sexual abuse, along with the practical and policy implications of the findings. Leading researchers and practitioners from diverse and international backgrounds offer critical commentary on these previously unpublished findings gathered from b
I found the book extremely interesting and informative. I was particularly impressed with the practical advice given in the text, advice that is not often found in the legal literature. . . . The writing is clear and compelling, and Paul Stern′s style is perfect: he entertains as he educates. --Thomas D. Lyon, The Law School, University of Southern California, Los Angeles Called upon to educate courtroom decision makers, the expert witness provides testimony that is critical to achieving intelligent and just verdicts. Few judges and jury members possess the knowledge base needed to adequately understand complexities of human behavior as they relate to acts of interpersonal violence. While the lay witness can testify to actual incidents or observations, it is the "expert witness" who can provide forensic significance to such evidence. With this vital insight, courts can more accurately assess and weigh evidence, leading to more informed and appropriate decisions. Timely and accessible, The Preparation and Presentation of Expert Testimony clearly defines the need for and role of expert witnesses in litigation. Author Paul Stern demystifies the process while providing practical, stepwise guidance for those who want to prepare and present expert testimony with confidence and clarity. Beginning with discussions of the who, what, and why of expert testimony, the book also defines the role of the expert, including ethical and professional issues that may arise. Filled with tips, techniques, and case examples, chapters also show expert witnesses and attorneys how to prepare for court, how to present testimony in the most convincing and credible manner possible, how to deal with cross-examination, and how to cross-examine irresponsible expert witnesses. Anyone who may be called upon to testify--or participate in court in any way--in cases of interpersonal violence will find this book an invaluable resource. In particular, mental health professionals, medical personnel, scientists, investigators, attorneys, and judges will want to use the book to prepare themselves for the rigors involved in every aspect of expert testimony.