PSYCHOLOGY AND THE LAW
Discover first-hand insights into the experience of acting as a psychologist expert witness
In Psychology and the Law: Case Studies of Expert Witnesses, a team of distinguished psychologists delivers an insightful and practical collection of case studies exploring the role of mental health professionals acting as expert witnesses in regulatory, judicial, and quasi-judicial proceedings. Each chapter is authored by an expert in their field, covering situations ranging from the assessment of people involved in criminal and family law proceedings and Parole Board hearings to the assessment of a civil litigant’s experience of historical trauma resulting from the alleged negligence of the local authority.
Each case follows the involvement of the practitioner from initial retainer to the process of giving evidence in court or in a court-like proceeding. The book also offers valuable judicial and legal perspectives on the roles played by mental health professionals acting as expert witnesses, as well as discussion of the cross examination of persons giving psychological evidence.
Readers will also find:
A thorough introduction to the use of psychologists as expert witnesses
Comprehensive explorations of clinical forensic expert witness case studies
Practical discussions of medicolegal expert witness case studies
Fulsome treatments of judicial and legal perspectives on the roles, uses, and limits of psychological evidence and the use of psychologist experts in military court martials
Perfect for undergraduate and postgraduate students of law and psychology, Psychology and the Law: Case Studies of Expert Witnesses will also benefit qualified psychologists, psychiatrists, lawyers, policymakers and legislators, social workers, and members of the judiciary.
About the Editors ix Contributors xi Foreword xxiii Acknowledgements xxvii Part I Introduction 1 1 Psychologists as Expert Witnesses 3 Leam A. Craig, Hugh C. H. Koch, and Gus A. Baker Part II Clinical Forensic Expert Witness Case Studies 15 2 Assessment of an Adult Male with Sexual Offence Convictions in Preparation for Release from Prison 17 Leam A. Craig and Martin Rettenberger 3 Assessment of a Female Patient with a Diagnosis of Borderline Personality Disorder for a First- Tier Tribunal (Mental Health) 53 Estelle Moore and Harry Wood 4 Assessment of Defendant Involved in Sexual Homicide Trial 71 Derek Perkins 5 A Disputed Confession in the House of Lords. Evidence- Based Practice 89 Gisli H. Gudjonsson 6 Assessment of a Male Perpetrator of Domestic Violence Within the Context of the Family Courts and Child Protection Proceedings 113 Leam A. Craig 7 Assessment of Suspected Parental Alienation in the Family Courts 147 Sue Whitcombe 8 “I Suddenly Remembered the Same Man Had Raped Me Too”: An Empirically Evidenced Case of Recovered Traumatic Memories? 179 David V. Glasgow 9 Children and Young People with Special Educational Needs (Sen) in First- Tier Special Educational Needs and Disability Tribunal (Sendist) Hearings 201 Michael H. Hymans 10 The Importance of Ethnic and Cultural Considerations in Expert Witness Psycological Assessments 237 Agatha Benyera- Mararike 11 Assessing the Communication Needs of a Vulnerable Defendant with Intellectual Disabilities: The Role of the Court- Appointed Intermediary 267 Brendan M. O’Mahony Part III Medicolegal Expert Witness Case Studies 281 12 Assessment in Civil Litigation and Personal Injury: How to Manage Conflict and Get the ‘Best Fit’ Opinion: A Case Study 283 Hugh C. H. Koch 13 The Case of the 34- Year- Old Firefighter Who Suffered a Traumatic Brain Injury While Cycling 313 Gus A. Baker and Steven Kemp 14 Assessing the Impact of Historical Trauma in Civil Litigation of Negligence Against a Local Authority 335 Roger Hutchinson Part IV Judicial and Legal Perspectives 355 15 ‘Trust Me, I’m an Expert!’: Legal and Professional Standards, Liability and the Expert Witness 357 Kieran Lee Marshall 16 The Parole Board of England and Wales: A Guide for Psychology Witnesses 379 Wendy Morgan, Helen Trinder, and Claire Barker 17 Tips for Managing the Cross- Examination of Psychological Evidence and Possible Pitfalls 395 Leslie Cuthbert 18 Forensic Psychology in Military Courts 407 Christopher T. Stein 19 A Judicial Perspective on Hearing Psychological Evidence in the Family Courts 421 HHJ Stephen Wildblood KC and Freda V. Gardner 20 How Expert Witness Evidence Can Go Wrong: A Concluding Note 433 Leam A. Craig, Hugh C. H. Koch, and Gus A. Baker Index 439
Leam A. Craig, PhD, is a Consultant Forensic and Clinical Psychologist and Partner at Forensic Psychology Practice Ltd. He is a Professor and Visiting Chair of Forensic Psychology at the University of Lincoln, UK, a Visiting Professor of Forensic Clinical Psychology at Birmingham City University, UK, and an Honorary Professor of Forensic Psychology at the Centre for Applied Psychology at the University of Birmingham, UK. Hugh C.H. Koch, PhD, is a chartered clinical psychologist and Visiting Professor on Law and Psychology at Birmingham City University, and visiting Professor in Psychology at Bristol University. He is the M.D. of Hugh Koch Associates, a medico-legal firm providing expert psychological reports in civil claims across the United Kingdom. Gus A. Baker, PhD, is a Consultant Clinical Neuropsychologist and Professor Emeritus of Clinical Neuropsychology. He is the Managing Director of Tribune Psychology Services and currently holds the post of Secretary General of the International Bureau for Epilepsy.
