By William H. Reid, M.D., M.P.H.
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Credibility is critical, and "hired gun" accusations anathema, to
expert witnesses. Dr. Douglas Mossman recently searched for derogatory
references to forensic experts in court transcripts. (Journal of the American
Academy of Psychiatry and the Law, 27(3),1999, pp.414-425) He found 45
references to testifying psychiatrists or psychologists as "hired
guns," "whores," or "prostitutes," most in criminal
matters and most by prosecutors. Appellate judges generally disapproved of such
remarks, but did not reverse convictions because of them, often citing juries'
ability to sort out testimony for themselves in the adversarial environment.
Ethical forensic psychiatrists work hard to make juries (and sometimes
litigants) understand that we aren't like television "experts," that
courts often need expert testimony about complex issues, and that honest experts
can disagree (though their views may be less divergent than implied by the
opposing attorneys). The combination of adequate counsel and trier intuition
usually ferrets out dishonest, insincere, or incompetent experts.
If you're a lawyer, don't expect more than honesty, articulately and
assertively presented, from your expert. If you're a mental health professional
who seeks a forensic career, don't work with an attorney who asks for more.
By: William H. Reid, M.D., M.P.H.
Reprinted from "Psychiatry and Law
Updates" by Dr. William H. Reid. Not intended as legal or clinical
advice. E Mail: reidw@reidpsychiatry.com
