It is a busy month for myself with graduate school applications on the go and my MA dissertation reaching its final revisions. I thought I would take the opportunity this month to pull something out of my old file cabinet that everyone may find interesting.
Often a forensic consultant will provide an assessment or other service for a party that will be used in a court setting. While a forensic consultant must always attempt to achieve the highest standards in their work, when an assessment is to be brought before a court one must consider both psychological and legal standards of practise.
No matter how thorough and complete an assessment, if the psychological consultant is brought before a court and performs inadequately while questioned the credibility of their work may decrease in the eyes of the court.
This month I am presenting information that I gathered at the "Mock Civil Trial: Are You Prepared To Be A Witness" workshop in Brantford, Ontario, on May 4, 1998. It was a presentation of Brantford General Hospital and Sawyers Liswood Hickman (Barristers and Solicitors). These notes are a combination of Joshua Liswood's "Mock Trial: Role of a Witness" workshop and my notes. Components from reading material at the workshop are reprinted here with his permission.
Table of Contents
(A) What to expect in the courtroom
(B) Guidelines for being a witness
(C) So you're being used as an expert
(A) What to expect in the courtroom
As either an expert or actual witness one should expect to go through three stages during trial:
(a) The Examination in Chief - where one is examined by those whom called that witness, in an attempt to build/support the case, weaken opponent's case, or strengthen/weaken credibility.
(b) Cross Examination - A witness is questioned by the opposing side, to weaken or destroy the opponent's case, to support the cross examiners own case through the testimony of the opponents witnesses, or to discredit the witness, and thereby their testimony.
During cross-examination, "opposing counsel is given wide latitude and there are few restrictions on the types of questions that may be asked or the manner in which the questions may be asked. Any question which is relevant to the witness' credibility is allowed."
(c) Re-examination - One is re-examined by the person whom called the witness in order to explain/clarify testimony that was brought forward during cross-examination.
(B) Guidelines for being a witness
The following are some helpful guidelines for a witness undergoing examination in a trial or any hearing:
