Testifying in Court Guidelines and Maxims for

The third edition of this classic resource provides mental health professionals with simple, practical advice for testifying in court.

In this book, Stan Brodsky maintains his witty, conversational style of teaching while modeling ideal testimony. Short chapters blend humorous anecdotes with accessible guidelines drawn from Brodsky’s decades of experience as an expert witness and trainer, and from colleagues in various fields, including medical professionals. Each chapter concludes with a pithy maxim that emphasizes the most important takeaway for readers, making this book an ideal reference that can be consulted just prior to court appearances.

New to this edition are:

substantial updates and revisions to existing guidelines and case examples;
new and updated topics, including advice for virtual testimony and revised coverage of culture and diversity in forensic evaluations;
a clearer organization with chapters grouped by themes such as pretrial preparations, direct examination, and cross‑examination, and;
an appendix that gathers all the book's maxims together for easy reference.

Stanley L. Brodsky, PhD, is a forensic psychologist and consultant and trainer for forensic evaluations and expert testimony. He has written numerous books and articles about psychology and the law. His 2018 book with Thomas Grisso, The Roots of Modern Psychology and Law: A Narrative History, won the Outstanding Book Award from the American Psychology-Law Society (APLS). Dr. Brodsky received distinguished achievement awards from the APLS and the International Association of Forensic and Correctional Psychology. He was visiting fellow at Harvard Medical School and visiting fellow or professor at universities in Australia, New Zealand, India, Israel, and England.

Acknowledgments
Introduction
Part I. Prior to Testimony
Chapter 1. Beginning to Think and Act Like an Expert Witness
Chapter 2. Courtroom as Place Identity
Chapter 3. Cherry-Picking
Chapter 4. Culture and Diversity in Forensic Work
Chapter 5. Flawed Collateral and Psychological Data
Chapter 6. Intimidation Before Testimony
Chapter 7. Preparation on the Go
Chapter 8. Psychotherapists in Court: To Testify or Not to Testify
Chapter 9. Report Matters
Chapter 10. Socializing With Attorneys and Other Parties
Chapter 11. Staying Current
Chapter 12. To Be an Expert
Chapter 13. Uninvolved and Inept Attorneys
Chapter 14. Virtual Testimony
Chapter 15. What to Wear
Part II. The Skilled Witness
Chapter 16. Burden of Proof and Degree of Certainty
Chapter 17. Changing Your Mind
Chapter 18. Fooled by the Face
Chapter 19. The Learned Treatise 1: The Writings of Authorities
Chapter 20. The Learned Treatise 2: What You Have Written
Chapter 21. Listening Well
Chapter 22. The Rumpelstiltskin Principle
Chapter 23. Saying “I Don’t Know” vs. Waffling
Chapter 24. Using Quiet Times
Chapter 25. When the Expert Is Not Allowed to Answer
Chapter 26. Wit-Free Testimony
Part III. Objectivity Challenges
Chapter 27. Allegiance Effects
Chapter 28. The Hired Gun
Chapter 29. Professional Witnesses and Professionalism
Part IV. Direct Examination
Chapter 30. Beginnings: The Good Direct
Chapter 31. Brushed-Off Direct
Chapter 32. Diverging on Direct
Chapter 33. The Language of Testimony
Part V. Cross-Examination
Chapter 34. Abrasive and Attacking Cross-Examinations
Chapter 35. The Abysmal History Gambit
Chapter 36. The Admit–Deny Response
Chapter 37. Challenges to Experience 1: Insufficient Experience
Chapter 38. Challenges to Experience 2: Case-Specific Experience
Chapter 39. Challenges to Experience 3: The Case Against Experience
Chapter 40. Credentialing and Qualifications: Common Challenges
Chapter 41. Disaster Relief
Chapter 42. DSM-5: The Cautionary Statement
Chapter 43. The Expert Gaze
Chapter 44. Looking at the Jury
Chapter 45. Negative Assertions
Chapter 46. Perspective Taking
Chapter 47. Power and Control on the Witness Stand
Chapter 48. Probes for Guilt and Shame
Chapter 49. The Push–Pull Technique
Chapter 50. Set-Ups and Takedowns
Chapter 51. Surprise Questions
Chapter 52. Theatrical and Outlandish Attorneys
Chapter 53. Transformative Moments
Chapter 54. Vigorous Cross-Examinations, Vigorous Answers
Chapter 55. Using Your Expertise Against You
Part VI. What Not to Do
Chapter 56. Feisty Experts
Chapter 57. Frittering Away Trustworthiness
Chapter 58. Humor
Chapter 59. The Lateral Arabesque
Chapter 60. Meandering Expertise
Chapter 61. Narcissistic Experts
Chapter 62. Predictable Answers
Chapter 63. Recalcitrant and Unprepared: The Case for Consultation
Chapter 64. Testifying While Sick or Under the Influence
Chapter 65. Traumatic Experiences on the Stand
Chapter 66. Implicit Vouching and Winking at the Jury
Chapter 67. Worst Expert Testimony Ever
Part VII. After Your Testimony
Chapter 68. Fugue State Testimony
Chapter 69. Moving On
Chapter 70. When It Is Over
Appendix. Maxims for Quick Review
References
Index
About the Author

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Testifying in Court Guidelines and Maxims for the Expert Witness

Summary

Author Biography

Table of Contents

Supplemental Materials