Stanley L. Brodsky, PhD, is Professor of Psychology at The University of Alabama in Tuscaloosa, where he coordinates the Psychology-Law PhD concentration. He is the author of over 200 articles and chapters and 12 books, including Testifying in Court, a bestseller; The Expert Expert Witness; and Coping with Cross-Examination. Dr. Brodsky received the 2006 Distinguished Contributions to Psychology and Law Award from the American Psychology-Law Society, an award given on only seven other occasions. Previous recipients include former U.S. Attorney General Janet Reno and Supreme Court Justice Harry Blackmun. He is also a recipient of the Distinguished Contributions to Forensic Psychology Award from the American Academy of Forensic Psychology. Dr. Brodsky maintains an independent practice in trial consultation and forensic psychology.

Essential Issues In Trial Consultation	p. 1
Introduction to Trial Consultation	p. 3
The Consultant as Coach: An Orienting Metaphor	p. 3
The Nature of Trial Consultants and Consultation	p. 4
Trial Consultation and Fairness	p. 6
Working Assumptions	p. 7
The Obvious and Beyond the Obvious	p. 10
Is Trial Consultation a Profession?	p. 10
Differences between Jurisdictions	p. 12
Case but Not Outcome Driven	p. 14
How This Book Is Organized	p. 14
The Case Conceptualization	p. 16
Introduction to Case Conceptualizations	p. 16
Case Conceptualizations in Psychotherapy	p. 17
Trial Consultants, Attorneys, and Social Scientists	p. 18
Story and Narrative	p. 20
Focus Groups and Shadow Juries	p. 24
Conclusion	p. 27
Toolbox for Trial Consultants	p. 28
Books of Scales	p. 30
Constructs and Measures	p. 36
Conclusion	p. 41
Preparation Of Witnesses And Attorneys	p. 43
Witness Preparation for Testifying in Court	p. 45
Horse-Shedding	p. 46
Witness Preparation	p. 47
Public Figures on the Stand	p. 48
Preparation for Cross-Examination of Lay Witnesses	p. 50
Witness Preparation for Race Inquiries	p. 52
Conclusion	p. 54
Preparation and Examination of Expert Witnesses	p. 56
Expert Witnesses Are Not Necessarily Experts When They Are Witnesses	p. 57
Routine versus Demanding Examinations	p. 58
Substantive Preparation	p. 61
Anxiety Reduction for Expert Witnesses	p. 62
Meeting with Counsel and Preparing for Direct Examination	p. 63
Narrative Testimony	p. 64
Primacy and Recency Effects	p. 64
Consulting with Attorneys about Direct and Cross-Examinations and Depositions	p. 66
The FRE Criteria	p. 68
Challenges to Knowledge	p. 68
Challenges to Skill	p. 69
Challenges to Experience	p. 70
Challenges to Training and Education	p. 71
Conclusion	p. 72
Witness Preparation: Findings from the Lab	p. 74
Persuasion through Witness Preparation	p. 75
Gender and Witness Testimony	p. 78
Confidence on the Witness Stand	p. 81
Expert Witness Credibility	p. 81
Panic and testimony	p. 83
Conclusion	p. 84
Jury Selection Principles And Case Studies	p. 85
Jury Selection: Basic Approaches	p. 87
Inaccurate Impressions: An Illustrative Report	p. 90
The Empirical Approach	p. 91
Scientific Jury Selection	p. 92
Jury Selection in a Medical Malpractice Case	p. 93
Conclusion	p. 99
Jury Selection: Internet Sex Offenders and Juror Sexual Values	p. 100
Internet Sexual Offending	p. 102
Entrapment	p. 104
The Case and the Focal Points	p. 105
Conclusion	p. 109
No Questions but Deselection Questions	p. 111
Deselection Questions about Punishment	p. 114
Deselection Questions about Authoritarianism	p. 116
Aversion and Disgust	p. 117
Attitudes toward the Death Penalty and Capital Punishment	p. 118
Deselection Perspectives on Police Interrogations	p. 121
General Presumptions about Innocence and Burden of Proof	p. 121
Open-Ended Questions	p. 122
The Deselection Process Applied to the Juror Bias Scale	p. 123
Conclusion	p. 125
Jury Selection: Reversals	p. 127
The Facts of the Case	p. 128
Excessive Force by Police	p. 130
Voir Dire Questions	p. 132
Conclusion	p. 137
Changes Of Venue	p. 139
Change of Venue Consultations	p. 141
Pretrial Bias and the Venue	p. 142
When Attorneys Are Unequivocally Certain of Pretrial Bias	p. 143
Survey Data in Change of Venue Motions	p. 144
Legal Foundations	p. 146
Conducting a Survey about Bias and Change of Venue	p. 148
Setting Aside Biases and the Set-Aside Question	p. 149
Bogus Questions	p. 150
Case Conceptualization	p. 151
Civil Actions with Multiple Issues	p. 153
Conclusion	p. 154
Surveys of Pretrial Bias: A Case Report	p. 156
The Rationale	p. 157
Design of the Survey	p. 158
Response Rates	p. 159
Sample Characteristics	p. 161
Findings	p. 161
Conclusion	p. 167
Putting It Together	p. 169
Trial Consultation in a Capital Murder Case: Integrating the Components of Trial Consultation	p. 171
The Trial Team Examines the Photos	p. 172
Application to the Case Study	p. 174
Voir Dire Questions about the Photos	p. 175
Defendant's Role as Diminisher of Harm	p. 176
Fearful Follower	p. 177
Preparing Lonnie for the Stand	p. 178
Identification with the Victims	p. 180
Conclusions	p. 181
Trial Consultation in Eminent Domain Cases	p. 183
Eminent Domain: Background and Legal Issues	p. 183
Trial Consultation	p. 186
Strategies and Issues That Apply to Property Condemnation Actions	p. 187
Jury Selection	p. 189
Rules of Thumb for Jury Selection in Eminent Domain Proceedings	p. 190
Case Conceptualization	p. 191
Questioning the Opposing Appraiser	p. 192
Conclusion	p. 193
Where Next for Trial Consulting?: Emerging Trends and Limitations	p. 195
Cell Phones and Telephone Surveys	p. 195
Online Communities and Social Networking Sites as Sources of Information for Jury Selection and Other Tasks	p. 197
Zoomerang and Other Internet Survey Methods	p. 199
Audience Response Systems	p. 200
University-Based Graduate Training and Research	p. 200
Standardized Methods in the Voir Dire	p. 201
Evidence-Based Preparation of Expert and Lay Testimony	p. 202
Getting Started in Trial Consultation	p. 203
Your Feedback	p. 204
References	p. 205
Index	p. 219
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Principles and Practice of Trial Consultation

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