The lawyer and the forensic expert: Boundaries of ethical practice

Abstract

The role of attorneys in relationship to mental health experts is examined. Issues which are discussed include the necessity of expert testimony, selection of the expert, and the data underlying the expert opinion. In addition, the attorneys' responsibilities in presenting the mental health expert in court is discussed with reference to different elements of the trial process.

Bias and expert testimony of mental health professionals in adversarial proceedings: A preliminary investigation

“…Whenever possible, steps should be taken to minimize the opportunity for such bias to operate (Fitch et al, 1987;Slovenko, 1987). These preliminary findings, along with those of Homant and Kennedy (1986, 1987a, 1987b, call into question whether the adversarial process facilitates the presentation of unbiased information to the fact finder.…”

Attorney beliefs concerning scientific evidence and expert witness credibility

“…Specifically, they were more likely to retain experts possessing high credibility credentials in the experimental analyses; while this fact is not entirely surprising, it potentially suggests that attorneys appropriately rely on research-supported factors of credibility. While judges are ultimate gatekeepers of testimony at trial (Daubert v. Merrell Dow Pharmaceuticals & Inc., 1993), the ability for attorneys to effectively vet expert witnesses is important, as they play a pivotal role as the legal individuals who select what testimonial evidence is to be presented at trial (Slovenko, 1987). Attorney identification of researchsupported credible experts begs the question of which factors they do and do not value in selecting or vetting an expert.…”

Ethical Concerns of Nonclinical Forensic Witnesses and Consultants

“…Often, the major issue of contention revolves around the ethical concerns that arise when members of one profession (i.e., psychology) are introduced into another profession (i.e., the law) that may be based on different professional standards or regulatory guidelines (see, e.g., Fitch, Petrella, & Wallace, 1987;Hollien, 1990;Slovenko, 1987). In response to the concern over the ethical issues that face clinical forensic psychologists who enter the legal arena, a set of "Specialty Guidelines for Forensic Psychologists" was developed and published (Committee on Ethical Guidelines for Forensic Psychologists [CEGFP], 199 1).…”