The Witness Stand: A Guide for Clinical Social Workers in the Courtroom

by Munson; Carlton

• ISBN13: 9780789011442
• ISBN10: 0789011441
• Edition: 1st
• Format: Hardcover
• Copyright: 2001-06-15
• Publisher: Routledge

Summary

Learn reliable techniques to prepare and present effective testimony! "Soon after leaving graduate school I was thrown to the courtroom wolves with no preparation. No social worker should have to go through that," says Janet Vogelsang, author of The Witness Stand. Few colleges of social work prepare their students for the inevitable involvement with the courts entailed by their profession. This timely book provides you with a blueprint for presenting yourself as a competent and credible professional in court cases. This indispensable guide tells exactly what happens in court, how to counter common strategies for discrediting your profession, and what to do when your client's attorney is obnoxious. The Witness Stand emphasizes the biopsychosocial assessment as the essential tool for a social worker called on to testify in court. Its helpful features include sample forms and affidavits and actual court testimony. The end-of-chapter summaries can be used for rapid review and as a "to do" checklist for preparing a court case. The Witness Stand offers practical, detailed advice on such matters as: how the legal system works how to handle contacts with attorneys and investigators what to do with documents and files how to prepare your testimony how to handle direct testimony and cross-examination how to define your social work expertise on the stand what to wear when you go to court The Witness Stand can help you deal with the anxiety-provoking complexities of the legal system. Instead of being confused or intimidated by legal arcana, you will be well-prepared, well-organized, and ready to present yourself as the confident, reliable professional you are.

Table of Contents

Foreword	ix
Stanley L. Brodsky
Acknowledgments	xiii
Introduction	1	(1)
Conclusions About the Witness Stand	1	(3)
How to Use This Book	4	(3)
How the Court System Works	7	(20)
Types of Courts and Rules of Evidence	7	(2)
Types of Witnesses	9	(1)
American Jurisprudence Proof of Facts	10	(1)
Depositions	11	(1)
The Affidavit	12	(5)
Discovery	17	(1)
Legal Definitions	18	(8)
The Court System and Definitions: Summary	26	(1)
The Biopsychosocial Assessment As Expertise	27	(14)
Relearning the Biopsychosocial Assessment	29	(4)
Case Example and Testimony Using the Biopsychosocial Assessment	33	(4)
Biopsychosocial Assessment Questionnaires	37	(2)
The Biopsychosocial Assessment: Summary	39	(2)
Working with the Lawyer on Your Case	41	(8)
Example of Testimony Without Reference to the Client	42	(5)
Working with the Lawyer on Your Case: Summary	47	(2)
Investigators and Investigations	49	(8)
Checklist for Investigations	51	(4)
Asking for an Investigator	55	(1)
Investigators and Investigations: Summary	56	(1)
Interviews	57	(6)
Sample Interview with a Mother	60	(1)
Sample Interview with Military Personnel	61	(1)
Interviews: Summary	62	(1)
Records	63	(8)
Sample of Direct Testimony from Records	65	(2)
Sample of Cross-Examination on the Records	67	(1)
Sample of Direct Testimony in a Sexual Abuse Case	68	(1)
Records: Summary	69	(2)
Interviewing Other Experts	71	(4)
Example of Testimony Regarding Other Experts	73	(1)
Interviewing Other Experts: Summary	74	(1)
Research and Other Publications	75	(8)
Case Example 1	77	(1)
Sample of Testinomy Regarding Publication of Civil Suit	77	(1)
Case Example 2	78	(1)
Sample of Testimony Using Literature on Sexual Trauma	79	(1)
Research and Other Publications: Summary	80	(3)
Visual Aids	83	(6)
Example of Visual Aids	84	(1)
Example of Testimony Using Visual Aids	85	(2)
Visual Aids: Summary	87	(2)
Preparation of Testimony	89	(4)
Themes, Conclusions, and Sources	89	(1)
Tell the Attorney About Your Opinions	90	(1)
Preparing Direct and Cross-Examination	91	(1)
Preparation of Testimony: Summary	92	(1)
Qualifying As an Expert	93	(12)
Sample of Qualifying Questions for the Clinical Social Work Expert	95	(8)
Qualifying As an Expert: Summary	103	(2)
Direct Testimony	105	(6)
Laying the Foundation	105	(1)
Addressing the Court	106	(2)
Direct Testimony: Summary	108	(3)
Cross-Examination	111	(4)
The Most Commonly Asked Questions on Cross-Examination	112	(1)
Example of Cross-Examination Questions	113	(1)
Cross-Examination: Summary	114	(1)
Courtroom Demeanor	115	(2)
Appendix. Tips for Testifying in Court	117	(4)
Talk to the Attorney About the Case	117	(1)
Preparation	117	(1)
On the Witness Stand	118	(3)
Bibliography	121	(2)
Index	123