QuestionQuestion

- 1 page, APA format, cite and/or paraphrase everything
- Complete a brief description of each issue or consideration (practical, ethical, and legal) related to forensic psychology consultation that you selected. Then explain why each is an issue or consideration and important to address. Be specific and provide examples.

[00:00:00] – TAPE STARTS
[00:00:00] – A1
JAMES J. MANGRAVITI, JR.: You will be asked about your expert witness fee. Answer these questions simply and directly. Remember that you are paid for your time, not your testimony. Do not be ashamed of your fee. As a highly trained and educated person, your time is very valuable.
[00:00:17] – B1
ATTORNEY: How much are you being paid for your testimony here today?
[00:00:20] – C1
WITNESS: I am not being paid for my testimony; I am being paid for my time.
[00:00:24] – D1
ATTORNEY: Okay. How much are you being paid for your time?
[00:00:26] – E1 WITNESS: $400 an hour.
[00:00:30] – F1
JAMES J. MANGRAVITI, JR.: Counsel may attempt to show that you are biased to a particular party or lawyer. This is commonly done by showing a personal friendship or longstanding business or professional relationship. Answer these questions truthfully, indirectly, and force counsel to move on.
[00:00:49] – G1
ATTORNEY: The plaintiff, Ms. Galloway, has been a client of yours for years, hasn’t she?
[00:00:53] – H1 WITNESS: Yes, she has.
[00:00:54] – I1
ATTORNEY: As a matter of fact, her entire family are your clients, aren’t they?
[00:00:58] – J1 WITNESS: Yes.
[00:00:59] – K1
ATTORNEY: You’ve been assisting Ms. Galloway since she was a small child.
[00:01:03] – L1
WITNESS: That’s correct.
[00:01:07] – M1
JAMES J. MANGRAVITI, JR.: Counsel may also attempt to show bias by pointing out the fact that you only testify for one side.
[00:01:14] – N1
ATTORNEY: You’re a defense doctor. Correct?
[00:01:16] – O1
WITNESS: No, that’s not true.
[00:01:17] – P1
ATTORNEY: You’ve testified in over 13 cases in the last 5 years, haven’t you?
[00:01:22] – Q1
WITNESS: I believe that’s correct, yes.
[00:01:24] – R1
ATTORNEY: Isn’t it a fact that not one of those 13 cases did you testify on behalf of a plaintiff.
[00:01:32] – S1
JAMES J. MANGRAVITI, JR.: To lessen the impact of this line of attack, try not to testify only for plaintiffs or defendants, always tell the truth, and force counsel to move on to new areas of questioning. Counsel may attempt to damage your credibility by attempting to portray you as a professional witness, who spends most or all of their time involved in forensic work.
[00:01:57] – T1
ATTORNEY: Doctor, you’ve testified in 22 cases in the last 3 years, but when was the last time that you actually treated a patient?
[00:02:05] – U1
WITNESS: It’s been some time.
[00:02:08] – V1
ATTORNEY: Isn’t it a fact that 80 percent of your income comes from medical legal work?
[00:02:14] – W1 WITNESS: I’m not sure.
[00:02:17] – X1
JAMES J. MANGRAVITI, JR.: Experienced experts do not act evasive when answering questions about their prior testimony or income from forensic work. Such evasiveness is counterproductive. [00:02:31] I am now going to discuss some of the techniques that experts can use to make themselves a more effective and ethical witness and less vulnerable to attack. [00:02:42] The most important thing to remember is to tell the truth. If you do not tell the truth, you open yourself up to civil, professional, and criminal sanctions. There is also a good chance that your dishonesty will be exposed and that you will lose all credibility with the jury. Such an exposure will also put your future as an expert in jeopardy. [00:03:06] You should make concessions when these are called for. If you do not, you may appear to be an advocate, who has an interest in the case and its outcome. If you appear to have an interest in the case, you will lose credibility. When making concessions, do so as gracefully as possible.
[00:03:25] – Y1
ATTORNEY: Would you agree that the motorist could have been intoxicated without showing obvious signs of intoxication?
[00:03:31] – Z1
WITNESS: That is correct. He could have been.
[00:03:35] – A2
JAMES J. MANGRAVITI, JR.: The expert can reduce the impact of concessions by making them promptly. This stops counsel from asking a long series of leading questions which conclude with a reluctant concession. The expert who promptly makes concessions when appropriate looks like an honest witness who calls them as she sees them. [00:03:57] You need to carefully listen to the precise question you are being asked. If the question is unclear to you, do not hesitate to ask the attorney to clarify it for you.
[00:04:07] – B2
ATTORNEY: Do you know if the Williams text, “Williams on Obstetrics,” sets forth criteria with respect to the pH testing as to whether or not a certain level indicates cesarean delivery?
[00:04:20] – C2
WITNESS: Which text? In which edition?
[00:04:22] – D2
ATTORNEY: The 18th edition, 1989.
[00:04:25] – E2
WITNESS: No. And I say that because the individuals who wrote the Williams text are not the strongest proponents of doing fetal scalp sampling.
[00:04:35] – F2
JAMES J. MANGRAVITI, JR.: Get into the habit of pausing for a moment or two prior to answering each of counsel’s questions. This will serve two important purposes. First, it allows you to formulate your thoughts and provide as accurate and artful a response as is possible. Second, it provides the attorney that retains you an opportunity to object to the question if he chooses to do so.
[00:05:00] – G2
ATTORNEY: When did you learn that the police officer had the plaintiff disrobe?
[00:05:04] – H2
ATTORNEY: Objection. There is no foundation, Your Honor.
[00:05:07] – I2
ATTORNEY: Your Honor, Officer Martino testified he had the plaintiff take off his shirt and trousers.
[00:05:14] – J2
JUDGE: Sustained. Move on, Counsel.
[00:05:18] – K2
JAMES J. MANGRAVITI, JR.: Listen carefully to the question. Answer the question that you are asked, not the question you think you are being asked, will be asked, or should have been asked. If you do so, you may be helping the cross-examiner in giving him more ammunition to use against you during cross-examination.
[00:05:37] – L2
ATTORNEY: Have you inspected the accident site?
[00:05:39] – M2
WITNESS: My assistant did.
[00:05:41] – N2
ATTORNEY: What’s your assistant’s name and current whereabouts?
[00:05:46] – O2
JAMES J. MANGRAVITI, JR.: Do not volunteer information. If you do so, you open yourself up to additional lines of questioning. Remember, your role should be limited to answering the questions that you are asked.
[00:05:57] – P2
ATTORNEY: The defendant airline never had any prior accidents. Correct?
[00:06:02] – Q2
WITNESS: Correct. However, some of the near misses were pretty close.
[00:06:06] – R2
ATTORNEY: Let’s talk about these near misses.
[00:06:11] – S2
JAMES J. MANGRAVITI, JR.: Do not argue. You are in court to testify, not to argue. Leave the arguing to the attorneys; that’s their job, not yours. If you argue, you will appear to have an interest in the case and lose credibility.
[00:06:28] – T2
ATTORNEY: On what do you base your opinion of symptom magnification and malingering?
[00:06:32] – U2
WITNESS: I base it on my examination of the plaintiff, my review of the medical records, my review of the depositions and interrogatories, and the fact that this guy, probably like most plaintiffs, is looking for something for free. This is a real problem in our society which we need to do something about.
[00:06:52] – V2
ATTORNEY: Doctor, we’re all well aware of your feelings about plaintiffs who sustain injuries, but would you please just answer my question without making any more speeches and insulting the intelligence of the jury.
[00:07:06] – W2
JAMES J. MANGRAVITI, JR.: Guesses are inadmissable in court and reduce your credibility. To be an effective witness, you should avoid the word “guess” and other similar words which connote speculation.
[00:07:19] – X2
ATTORNEY: Do you know how the plaintiff sustained her amputation injury?
[00:07:23] – Y2
WITNESS: My best guess is that it was caused by a faulty safety guard.
[00:07:29] – Z2
JAMES J. MANGRAVITI, JR.: If you are questioned about a document, ask to review it before you answer the question. Take your time in doing so, as you want to provide an accurate answer. Don’t be concerned about how much time you are taking; that’s the cross-examiner’s problem, not yours.
[00:07:46] – A3
ATTORNEY: The admitting form indicates that the plaintiff lost consciousness on the way to the hospital, does it not?
[00:07:53] – B3
WITNESS: Can I review it? [Reviewing document.] It states that, “Mother believes patient lost consciousness on ride to hospital.”
[00:08:12] – C3
JAMES J. MANGRAVITI, JR.: At the beginning of cross-examination, counsel may ask you to enter into a deal whereby you agree to answer his questions with a yes or no response. If you agree to this deal, it may be much more difficult for you to provide the most accurate testimony possible. Here is how an experienced expert deals with the deal when it is proposed.
[00:08:36] – D3
ATTORNEY: You’ve just testified in direct for the last 3 hours and have been given ample opportunity to explain your answers. You’ll have opportunity on redirect to further explain your answers. This is the third day of the trial that the jury has had to sit through. Will you agree to answer my questions with a yes or no so that we can get through this cross-examination as quickly as possible?
[00:08:58] – E3
WITNESS: I’d be happy to answer with a yes or no when I can do without misleading the jury.
[00:09:05] – F3
JAMES J. MANGRAVITI, JR.: If you do not know the answer to a question, say so. There is nothing wrong with responding, “I don’t know,” to a question when you honestly do not know the answer to the question.
[00:09:16] – G3
ATTORNEY: Isn’t it a fact that the backup alarm was not working?
[00:09:21] – H3 WITNESS: I don’t know.
[00:09:23] – TAPE ENDS

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Forensic Psychology Consultation
Ethical considerations in the conduct of forensic experts are crucial in providing guidance to a jury (Connell, 2015). One ethical aspect that proves to be challenging to expert witnesses is the determination of whether the dues they receive are based on the contents of their testimony, or on the time...

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