Cross Examining Experts in the Behavioral Sciences

CHAPTER ONE     MENTAL HEALTH EXPERTS: SCIENCE AND THE LAW

• Mental Health Professionals as Expert Witnesses
• Types of Mental Health Experts
• The Gap between Science and Practice
• The Move Toward "Validity" and "Reliability" in the Courts
• Dealing with Mental Health Experts
• Voir Dire Questions Regarding Scientific Methodology
• Voir Dire Questions Regarding Peer Reviewed Journals
• Evidentiary Rules and Motion Practice
• Daubert Hearings
• The Importance of Voir Dire
• The Interplay Between FRE Rules 401 - 403 - 702 - and - 703
• Three Kinds of "Fit" in Expert Evidence
• Evidentiary Reliability and Validity
• Shielding the Jury from Prejudicial "Junk Science"
• The Problem of Creeping Hearsay.

• Overview
• Treating Therapist v. Expert Witness
• Treating Therapist v. Expert Witness—Therapeutic Alliance v. Objectivity
• Treating Therapist v. Expert Witness—Dual Relationships and Ethical Obligations
• Treating Therapist v. Expert Witness—Cross-Examination
• Challenging Post-graduate Education—Psychologists
• Challenging Post-graduate Education—Cross-Examining the Graduate Education of Psychologists
• Challenging Post-graduate Education—The Medical Education of Psychiatrists
• Challenging Post-graduate Education—Cross-Examining the Medical Education of Psychiatrists
• Challenging Post-graduate Education—The Graduate Education of Other Mental Professionals
• Challenging Post-graduate Education—Cross-Examining The Graduate Education of Other Mental Health Professionals
• Challenging Licensure, Continuing Education, and Board Certification—Psychologists.
• Challenging Licensure, Continuing Education, and Board Certification—Cross-Examining Psychologists
• Challenging Licensure, Continuing Education, and Board Certification—Psychiatrists
• Challenging Licensure, Continuing Education, and Board Certification— Cross-Examining Psychiatrists
• Challenging Licensure, Continuing Education, and Board Certification—Social Workers, Professional Counselors and Marriage and Family Therapists.

• Overview
• Overlooking Normalcy—Research
• Overlooking Normalcy—Cross-Examining the Disregard of Normalcy
• Preconceived Expectations—Research
• Preconceived Expectations—Cross-examination
• Ruling In v. Ruling Out—Research
• Ruling In v. Ruling Out-Cross-examination
• Selective Recall of Mental Health Professionals—Research
• Selective Recall of Mental Health Professionals—Cross-Examination
• Anchoring Biases of Mental Health Professionals—Research
• Anchoring Biases—Cross-Examination
• Attribution Bias—Research
• Attribution Bias—Cross-Examination
• Clinical Judgment and Inter-rater Reliability—Research
• Cross-Examination Related to Judgmental Consistency
• Clinical Judgment v. Actuarial Procedures—Research
• Clinical Judgment v. Actuarial Procedures—Cross-Examination

• Claims of Professional Experience—Unavailability of Feedback
• Claims of Professional Experience—Cross-Examining Unavailability of Feedback
• The Professional Experience of Psychologists—Research
• Professional Experience of Psychologists—Cross-Examination Questions
• The Professional Experience of Psychiatrists—Research
• The Professional Experience of Psychiatrists— Cross-Examination
• Claims of Expertise as a Treating Therapist-Research
• Claims