Expert Witness Testimony

Weinstein, Jack B.

doi:10.1016/s0733-8619(05)70138-9

Cited by 18 publications

(4 citation statements)

References 2 publications

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“…Experts’ characterization of how they have acted as communicators in their previous case experiences also reinforces previous literature on the requirement of expert witnesses to act as educators of the court (Auxier, 1989; Brodsky, Griffin, & Cramer, 2010; Freckelton, 2012; Freckelton, 2013a Targum & Ebert, 2012; Weinstein, 1999). As an educator , experts must communicate the legal relevance of the symptomatology of ASD in order to edify the court to maximize positive or beneficial outcomes for individuals with ASD (Freckelton, 2013a).…”

Section: Discussionsupporting

confidence: 72%

“…Participants also said that knowledge of the disorder also aids criminal justice actors to better and fully understand the potential complexities of the case to ensure more informed decisions and better outcomes for the individual with ASD. Experts stressed that they were the ones that needed to provide this knowledge of ASD to the court to maximize positive outcomes, which is similar to how experts and previous literature describe how necessary it is for the expert to play the role of the educator for the court (Auxier, 1989; Weinstein, 1999; Brodsky, Griffin, & Cramer, 2010; Targum & Ebert, 2012; Freckelton, 2013a). …”

Section: Discussionmentioning

confidence: 53%

“…Experts expressed worries about potential negative outcomes arising from the courts’ lack of knowledge and understanding of ASD and how the criminal justice system may not be equipped to properly or effectively handle individuals with ASD as it currently exists. These concerns once again echoed how necessary it is for the expert witness to play the role of the educator of the court in cases involving ASD (Auxier, 1989; Brodsky, Griffin, & Cramer, 2010; Freckelton, 2013a; Targum & Ebert, 2012; Weinstein, 1999) in order to result in more informed case outcomes that properly take into account the disorder and potential therapeutic considerations (Berryessa, 2014a; Freckelton, 2013a; Freckelton & List, 2009). Further, experts vocalized their worries about the court potentially subscribing to false notions surrounding the relationship between ASD and violence, which are largely spurred by the media, that may aggravate case outcomes in criminal matters.…”

Section: Discussionmentioning

confidence: 99%

“…Thus, the role of the expert is to inform and educate jurors and judges who may have no exposure to, knowledge, or background in the expert’s area in their fact finding roles (Auxier, 1989; Brodsky, Griffin, & Cramer, 2010). As one trial judge wrote, ‘the expert is acting as a teacher to the jury and the judge-the students’ (Weinstein, 1999, p. 356).…”

Section: Introductionmentioning

confidence: 99%

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Educator of the court: the role of the expert witness in cases involving autism spectrum disorder

Berryessa

2017

Psychology, Crime & Law

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The role of the expert witness in legal contexts is to educate fact finders of the court who may have no background in the expert’s area. This role can be especially difficult for those who assist in cases involving individuals with Autism Spectrum Disorder (ASD). As expert assistance on ASD is crucial to ensuring just outcomes for individuals diagnosed with ASD, knowledge on how expert witnesses perceive and approach their roles, and what factors may influence these perceptions, is essential. This qualitative research utilizes semi-structured interviews with a sample of expert witnesses in cases involving ASD, analyzed using a grounded-theory constant comparative analytic approach. Data reveal that experts appear to view their roles in court as reconstructionists, educators, myth-dispellers, and most of all, communicators, actively using their testimony to fill these roles in cases. These results also allow for the development of a model that illustrates two areas that coalesce to affect how experts view their roles in court: (1) personal experiences of experts in cases in which they have been involved; and (2) influences outside experts’ personal experiences, such as their general opinions or observations regarding ASD and its relationship to the criminal justice system.

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Section: Discussionsupporting

confidence: 72%

Section: Discussionmentioning

confidence: 53%

Section: Discussionmentioning

confidence: 99%

Section: Introductionmentioning

confidence: 99%

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Educator of the court: the role of the expert witness in cases involving autism spectrum disorder

Berryessa

2017

Psychology, Crime & Law

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Effects of Mandatory Parental Notification on Adolescents' Use of Sexual Health Care ServicesStandards for Medical Expert TestimonyUpper Respiratory Tract Infections Among Airline PassengersRelationships Between Pharmaceutical and Tobacco CompaniesLimiting Residents' Work HoursGraves Disease in a US Army Special Forces Group

2002

JAMA

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Standards for Medical Expert Testimony

Weintraub¹

2002

JAMA

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To the Editor: In a survey of adolescent girls obtaining sexual health care at Planned Parenthood family planning clinics, Dr Reddy and colleagues 1 found that many would not seek such care if there was mandatory parental notification. We are concerned that the authors underestimate the magnitude of barriers to adolescents' use of sexual care services.Adolescents seeking reproductive health care in the context of Title X for family planning clinics 2 represent the minority of the population facing these reproductive issues. It is estimated that only 12.7% of routine health care visits among adolescents occur in family clinic settings, with 37% occurring in private physician offices that are not protected by confidentiality regulations as defined by the Title X Parental Notification Act. 2,3 While 65% of high school seniors report ever having sexual intercourse and 21% report 4 or more sexual partners by this age, the Youth Risk Behavior Surveillance survey found that only 43% of female and 26% of male high school students had discussed sexually transmitted disease or pregnancy prevention with a medical professional. 4 We are particularly concerned that many primary care physicians are unaware of state protections for confidential health care of adolescents. We also feel that a lack of understanding of legal protections for physicians who choose to provide confidential health care to adolescents likely limits the quality and quantity of reproductive health care delivered to this population. Therefore, we suggest that future studies should examine the primary care settings where the majority of adolescent health care services are provided.1. Reddy DM, Flemming R, Swain C. Effect of mandatory parental notification on adolescent girls' use of sexual health care services.

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Expert Witness Testimony

Cited by 18 publications

References 2 publications

Educator of the court: the role of the expert witness in cases involving autism spectrum disorder

Educator of the court: the role of the expert witness in cases involving autism spectrum disorder

Standards for Medical Expert Testimony

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