Chapter 7: Expert Testimony: Jack's in the Box!
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2023
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Forensic Mental Health: From Assessment to Recovery
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Edutech
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Abstract
This chapter provides a comprehensive, practical guide for mental health professionals navigating the complexities of delivering expert testimony within the adversarial legal system, with a particular focus on the South African context. Acknowledging the inherent stress and "dismay" that legal summonses cause clinicians, the author dispels common misconceptions like the "Star-Witness Fantasy" and examines foundational systemic limitations, including a lack of peer review for courtroom testimonies and the prevalent perception of experts as "hired guns". The text maps out the progression from pre-trial preparation to courtroom exit. It delineates the roles of "witnesses of fact" versus "expert witnesses" (including treatment and forensic experts) and emphasizes the ethical necessity of avoiding dual-role conflicts. Practical checklists cover ensuring the scope of practice, fee negotiations, data mastery, and pre-trial brief reviews with legal counsel. For the courtroom environment, the author provides tactical advice regarding etiquette, dress, direct evidence-in-chief, and managing aggressive cross-examinations while avoiding "narcissistic excitement". Finally, the chapter contrasts South Africa's reliance on judicial arbitration with international benchmarks like the U.S. Daubert standard, notes the limits of applying group-level scientific data to individuals, details the ethical pitfalls of breaching clinical boundaries, and briefly contemplates the modern challenges of remote testimony via digital platforms.
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Reference:
Kaliski, S. 2023. Chapter 7: Expert Testimony: Jack's in the Box!. In Forensic Mental Health: From Assessment to Recovery. S. Kaliski, Ed.Cape Town, South Africa: Edutech. 11. http://hdl.handle.net/11427/43297 .