Selecting an Expert Witness
| Publication year | 1983 |
| Pages | 1464 |
| Citation | Vol. 12 No. 9 Pg. 1464 |
1983, September, Pg. 1464. Selecting An Expert Witness
Expert witnesses have been increasingly used in both criminal and civil court proceedings. More mental health professionals have made themselves available to the courts and to attorneys to serve in this capacity. At times, these experts present information from direct examination of participants in the court process. At other times, they are called upon to present relevant research, which may assist a jury or the court in weighing other information germane to the judicial decision-making process.
Selection of experts can become an important feature of the pre-court work of attorneys. This article addresses three areas for consideration in this selection process. Attorneys or others selecting experts may need to consider personal qualifications, professional credentials and case issues in reaching their decision.
The following criteria are suggested in choosing an expert witness. First, a possible expert should be willing. Many mental health professionals abhor the prospect of a court appearance. While their abilities are fundamentally sound, the added drama and stress of a court situation with probable sharp cross-examination causes them to disdain a court role. Therefore, a good expert should be willingly motivated to provide testimony and to be examined from a legal perspective on that testimony.
A second, related personal qualification is an ability to operate under stress. The expert must be prepared to deal with not only courtroom stressors, but the substantial pressures which might be associated with dealing with difficult clients, persuasive attorneys and critical real-life issues. Not only must an expert accept these stressors, but the expert must also be able to continue to operate under these pressures. The expert's professional knowledge, ability and integrity at times will be pushed to limits often not found in a typical clinical practice.
Third, a possible expert must have a high sense of personal integrity. This attribute calls for a commitment to honesty and impartiality. Decisions and opinions must be rendered based upon available data as opposed to responding to personal values or demands for advocacy from either side in the adversarial process. Without this personal...
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