Expert Witnesses in Child Abuse Cases: What Can and Should Be Said in Court

by Ceci, Stephen J.

• ISBN13: 9781557989154
• ISBN10: 155798915X
• Edition: 1st
• Format: Paperback
• Copyright: 2001-12-01
• Publisher: AMERICAN PSYCHOLOGICAL ASSOCIATION

Summary

Psychologists have been increasingly called on to testify in child abuse cases. The rough-and-tumble world of courtroom machinations, however, has left many wondering how they can protect themselves and their science from manipulation and misuse by the court system. In this book, eminent lawyers, psychologists, and social workers discuss the thornier aspects of testimony and provide recommendations on the proper role of the expert witness. In each chapter, one or more current problem areas associated with expert testimony in cases of child abuse are described. The first of the book's four sections is an overview, comparing the uses of expert testimony both here and abroad as well as the ethical standards to which psychologists serving as experts should adhere. The second section explores the actual experience of providing expert testimony, from a personal glimpse into an author's experience to professional dos and don'ts. The kinds of evidence most often offered in

Table of Contents

List of Contributors	vii
Introduction	1	(10)
Stephen J. Ceci
Helene Hembrooke
Part I: Legal Structure and Professional Ethics
The Use of Expert Testimony in Child Sexual Abuse Cases	11	(18)
Lucy Berliner
The Role of Experts in the Common Law and the Civil Law: A Comparison	29	(30)
John R. Spencer
Moral Justifications for Limits on Expert Testimony	59	(26)
Michael Lavin
Bruce D. Sales
Part II: The Role of Expert Witness
The Trials and Tribulations of a Novice Expert Witness	85	(20)
Maggie Bruck
The Expert Witness in Child Sexual Abuse Cases: A Clinician's View	105	(18)
Richard J. Lawlor
Psychological and Ethical Considerations in the Preparation of the Mental Health Professional as Expert Witness	123	(14)
Kyle D. Pruett
Albert J. Solnit
The Expert as Educator	137	(22)
Joseph S. Miller
Ronald J. Allen
Part III: Evidence in Testimony
How Valid Are Child Sexual Abuse Validations?	159	(26)
Celia B. Fisher
Katherine A. Whiting
Expert Scientific Testimony on Child Witnesses in the Age of Daubert	185	(32)
Margaret Bull Kovera
Eugene Borgida
Expert Testimony Regarding the Characteristics of Sexually Abused Children: A Controversy on Both Sides of the Bench	217	(20)
Mary Ann Mason
Part IV: Commentaries: Toward a Consensus
The Psychologist as Expert Witness: A Comment	237	(12)
Peter A. Ornstein
Betty N. Gordon
Where Researchers Fear to Tread: Interpretative Differences Among Testifying Experts in Child Sexual Abuse Cases	249	(16)
Thomas D. Lyon
Jonathan J. Koehler
A Legal Commentary: The Impact of Daubert on 21st-Century Child Sexual Abuse Prosecutions	265	(18)
Lucy McGough
Author Index	283	(10)
Subject Index	293	(6)
About the Editors	299