Mental Health Expert Testimony: Current Problems

1977 ◽  
Vol 5 (2) ◽  
pp. 201-227 ◽  
Author(s):  
Norman G. Poythress
Keyword(s):  
Mental Health ◽  
Present State ◽  
Mental Health Professionals ◽  
Health Professionals ◽  
Expert Testimony ◽  
Legal Profession ◽  
Health Professions ◽  
Health Expert ◽  
Mental Health Expert ◽  
State Of Affairs

In spite of the increasing utilization of mental health professionals as expert witnesses in the courts, neither the mental health professions nor the legal profession finds the present state of affairs concerning expert testimony to be satisfactory. This paper extensively reviews the literature which points to problems with both the mental health and the legal personnel who play major roles in mental health litigation. Also reviewed are the various proposals for change that have been suggested to date.

scholarly journals A Historical Overview of the Mental Health Expert in England Until the Nineteenth Century

Fundamina ◽  
2021 ◽  
Vol 2021 (1) ◽  
pp. 1-32
Author(s):  
Chazanne Grobler
Keyword(s):  
Mental Health ◽  
Nineteenth Century ◽  
South African ◽  
Mental Health Professionals ◽  
Legal System ◽  
Health Professionals ◽  
Expert Witness ◽  
Current Position ◽  
Health Expert ◽  
Mental Health Expert

Throughout history, the use of mental health professionals as expert witnesses has elicited criticism. The criticism stemmed from the alleged lack of scientific rigour in mental health sciences and the accompanying bias of expert witnesses. As the use of mental health professionals in court increased, so did the associated problems, with bias remaining at the forefront. The same challenges plague the South African courts today and despite various evidentiary and procedural rules2 aimed at addressing the problems, these have not achieved much success. The contribution traces the origins of the expert witness, in particular the mental health expert, in the English legal system until the nineteenth century. By examining the shift in the position of the expert witness from a neutral informant in the eighteenth century to a partisan witness in the nineteenth century, a parallel is drawn between the historical position in England and the current position in South Africa. Drawing on the past failures and successes of the English legal system in this regard, and briefly considering the current position in England, recommendations are made to address the problem of partisan mental health experts within the South African context.

scholarly journals Assessing the Quality of Expert Testimony in Cases Involving Children

1994 ◽  
Vol 22 (2) ◽  
pp. 181-234 ◽  
Author(s):  
Stephen A. Newman
Keyword(s):  
Mental Health ◽  
Mental Health Professionals ◽  
Health Professionals ◽  
Expert Testimony ◽  
High Standard ◽  
Legal Cases ◽  
The Many ◽  
Proper Weight ◽  
Health Experts

Mental health experts must be held to a high standard of quality when presenting opinions in legal cases involving children. This article sets forth a number of suggestions for judges, lawyers, and mental health professionals themselves to consider in preparing, scrutinizing, and judging the quality of forensic reports and testimony. The many pitfalls of forensic work need to be understood if such expertise is to be given its proper weight in these cases.

Integration Training in the Seminary Crucible

1997 ◽  
Vol 25 (2) ◽  
pp. 272-277
Author(s):  
James R. Beck ◽  
James W. Banks
Keyword(s):  
Mental Health ◽  
Graduate Students ◽  
Skill Acquisition ◽  
Mental Health Professionals ◽  
Health Professionals ◽  
Health Professions ◽  
Educational Background ◽  
Church History ◽  
Reasoning Ability ◽  
Good Working

Training mental health professionals in the seminary context provides the educator with several important challenges. Students must first be trained in addressing four specific audiences, each of which will have different expectations of the graduate. Students must also be given skill acquisition in four specific areas that are central to the seminary environment: a good working knowledge of hermeneutics, sound theological reasoning, ability to use psychological literature well, and an awareness of the vast sweep of church history. Seminary graduates who enter the Christian mental health professions with this type of educational background can thus make some unique and focused contributions to the ongoing integration enterprise.

The Role of the Mental Health Expert Witness in Family Law Disputes

1983 ◽  
Vol 28 (4) ◽  
pp. 255-258 ◽  
Author(s):  
Saul V. Levine
Keyword(s):  
Mental Health ◽  
Mental Health Professionals ◽  
Expert Witness ◽  
Family Court ◽  
Amicus Curiae ◽  
Professional Characteristics ◽  
Health Expert ◽  
Adversary System ◽  
Mental Health Expert

Mental health professionals are frequently called upon to appear in Family Court as Expert Witnesses in order to help the judge make difficult decisions in disputed cases, involving issues like custody, access and abuse. The adversary system often serves to intimidate or to antagonize the expert witness, or to render his / her judgement as suspect and even invalid. An approach is suggested in which the expert is designated as an “amicus curiae” (impartial friend of the court), rather than as a “hired gun” by one of the disputants. Even with this procedure, however, the expert witness must possess specific personal and professional characteristics which lend credibility to his/her testimony. The work is difficult, and requires considerable knowledge and skill; the responsibilities are heavy, but the opportunity to do exciting and vital work on behalf of children and families make it more than worthwhile.

Children, Psychiatrists and the Courts: Understanding the Ambivalence of the Legal Profession: Part I - General Principles

1994 ◽  
Vol 39 (9) ◽  
pp. 526-530 ◽  
Author(s):  
Nicholas Bala
Keyword(s):  
Mental Health ◽  
Children And Adolescents ◽  
Mental Health Professionals ◽  
Health Professionals ◽  
Legal Profession ◽  
Expert Witnesses ◽  
Legal Professionals ◽  
Court Proceedings ◽  
Court Process

Psychiatrists and other mental health professionals are frequently involved as expert witnesses in court proceedings related to children and adolescents. Their testimony may be based on a therapeutic relationship, but frequently arises because of an assessment conducted specifically for the court process. This two part paper discusses some of the issues that arise when child psychiatrists are involved as expert witnesses in litigation, with specific focus on their role in child custody, sexual abuse and young offender cases. It also offers some practical advice for those who may be called as witnesses. There is controversy in the legal profession about the role of mental health professionals in the court process. While there is recognition of their expertise, there is also a concern about not wanting to have experts usurp the role of the courts. Legal professionals also question the “objectivity” of experts, and the reliability of their opinions. Frequently the opinions of psychiatrists about children and adolescents involved in litigation have inherently speculative and value based dimensions, and not “scientific”. Participation in the court process by mental health experts is nevertheless a vitally important role, providing information, analysis and recommendations about what are often very difficult societal decisions. Part two of this paper starts on page 531.

The Elements of Persuasion in Expert Testimony

1982 ◽  
Vol 10 (2) ◽  
pp. 173-204 ◽  
Author(s):  
Steven C. Bank ◽  
Norman G. Poythress
Keyword(s):  
Social Sciences ◽  
Mental Health ◽  
Expert Testimony ◽  
The Social ◽  
Forensic Psychologists ◽  
Health Expert ◽  
Mental Health Expert

Much has been written about mental health expert testimony, particularly regarding the scientific bases of testimony and the ethical questions which arise in the context of giving testimony. While the mental health expert may be perceived as helping the courts find the “truth” in the adversary process, the expert witness's impact may depend more on elements of persuasion than on the truthfulness of his or her formulations regarding the particular case. This article focuses on the elements of persuasion in mental health expert testimony, drawing on the social sciences literature, legal wisdom, and the authors' anecdotal experiences as forensic psychologists. Suggestions for increasing persuasiveness in testimony are given.

Clinical Judgment of Rigidity by Mental Health Professionals

1969 ◽  
Vol 25 (3) ◽  
pp. 915-922 ◽  
Author(s):  
Wayne R. Bartz
Keyword(s):  
Mental Health ◽  
Predictive Validity ◽  
Mental Health Professionals ◽  
Health Professionals ◽  
Clinical Judgment ◽  
Health Professions ◽  
Laboratory Research ◽  
Clinical Judgments ◽  
Case Histories ◽  
Clinical Concept

20 volunteers from each of the 3 major mental health professions made clinical judgments of the presence or absence of “rigidity” in 16 case histories. The histories contained all possible combinations of 4 literature-identified aspects of rigidity. The results indicate that rigidity is considered present when an individual shows 2 or more of the following: failure to adapt to changing situations, involuntary repetition of responses, emotional-intellectual suppression. If he experiences stress, anxiety, or insecurity, rigidity is contra-indicated. Considering the differences between such clinical views of rigidity and those incorporated in most laboratory research, it is suggested that attempts be made to demonstrate predictive validity of the clinical concept.

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