In Psychology and the Law: Case Studies of Expert Witnesses, a team of distinguished psychologists delivers an insightful and practical collection of case studies exploring the role of mental health professionals acting as expert witnesses in regulatory, judicial, and quasi-judicial proceedings. Each chapter is authored by an expert in their field, covering situations ranging from the assessment of people involved in criminal and family law proceedings and Parole Board hearings to the assessment of a civil litigant’s experience of historical trauma resulting from the alleged negligence of the local authority.
Each case follows the involvement of the practitioner from initial retainer to the process of giving evidence in court or in a court-like proceeding. The book also offers valuable judicial and legal perspectives on the roles played by mental health professionals acting as expert witnesses, as well as discussion of the cross examination of persons giving psychological evidence.
Readers will also find: - A thorough introduction to the use of psychologists as expert witnesses - Comprehensive explorations of clinical forensic expert witness case studies - Practical discussions of medicolegal expert witness case studies - Fulsome treatments of judicial and legal perspectives on the roles, uses, and limits of psychological evidence and the use of psychologist experts in military court martials
Perfect for undergraduate and postgraduate students of law and psychology, Psychology and the Law: Case Studies of Expert Witnesses will also benefit qualified psychologists, psychiatrists, lawyers, policymakers and legislators, social workers, and members of the judiciary.
Table of Contents
About the Editors ix
Contributors xi
Foreword xxiii
Acknowledgements xxvii
Part I Introduction 1
1 Psychologists as Expert Witnesses 3
Leam A. Craig, Hugh C. H. Koch, and Gus A. Baker
Part II Clinical Forensic Expert Witness Case Studies 15
2 Assessment of an Adult Male with Sexual Offence Convictions in Preparation for Release from Prison 17
Leam A. Craig and Martin Rettenberger
3 Assessment of a Female Patient with a Diagnosis of Borderline Personality Disorder for a First- Tier Tribunal (Mental Health) 53
Estelle Moore and Harry Wood
4 Assessment of Defendant Involved in Sexual Homicide Trial 71
Derek Perkins
5 A Disputed Confession in the House of Lords. Evidence- Based Practice 89
Gisli H. Gudjonsson
6 Assessment of a Male Perpetrator of Domestic Violence Within the Context of the Family Courts and Child Protection Proceedings 113
Leam A. Craig
7 Assessment of Suspected Parental Alienation in the Family Courts 147
Sue Whitcombe
8 “I Suddenly Remembered the Same Man Had Raped Me Too”: An Empirically Evidenced Case of Recovered Traumatic Memories? 179
David V. Glasgow
9 Children and Young People with Special Educational Needs (Sen) in First- Tier Special Educational Needs and Disability Tribunal (Sendist) Hearings 201
Michael H. Hymans
10 The Importance of Ethnic and Cultural Considerations in Expert Witness Psycological Assessments 237
Agatha Benyera- Mararike
11 Assessing the Communication Needs of a Vulnerable Defendant with Intellectual Disabilities: The Role of the Court- Appointed Intermediary 267
Brendan M. O’Mahony
Part III Medicolegal Expert Witness Case Studies 281
12 Assessment in Civil Litigation and Personal Injury: How to Manage Conflict and Get the ‘Best Fit’ Opinion: A Case Study 283
Hugh C. H. Koch
13 The Case of the 34- Year- Old Firefighter Who Suffered a Traumatic Brain Injury While Cycling 313
Gus A. Baker and Steven Kemp
14 Assessing the Impact of Historical Trauma in Civil Litigation of Negligence Against a Local Authority 335
Roger Hutchinson
Part IV Judicial and Legal Perspectives 355
15 ‘Trust Me, I’m an Expert!’: Legal and Professional Standards, Liability and the Expert Witness 357
Kieran Lee Marshall
16 The Parole Board of England and Wales: A Guide for Psychology Witnesses 379
Wendy Morgan, Helen Trinder, and Claire Barker
17 Tips for Managing the Cross- Examination of Psychological Evidence and Possible Pitfalls 395
Leslie Cuthbert
18 Forensic Psychology in Military Courts 407
Christopher T. Stein
19 A Judicial Perspective on Hearing Psychological Evidence in the Family Courts 421
HHJ Stephen Wildblood KC and Freda V. Gardner
20 How Expert Witness Evidence Can Go Wrong: A Concluding Note 433
Leam A. Craig, Hugh C. H. Koch, and Gus A. Baker
Index 439