Literature DB >> 22545822

"Hired guns," "charlatans," and their "voodoo psychobabble": case law references to various forms of perceived bias among mental health expert witnesses.

John F Edens1, Shannon Toney Smith, Melissa S Magyar, Kacy Mullen, Amy Pitta, John Petrila.   

Abstract

Although in principle the legal system expects and professional ethics demand that expert witnesses be unbiased and objective in their forensic evaluations, anecdotal evidence suggests that accusations of financial bias, partisanship, and other forms of nonobjectivity are common. This descriptive survey of published legal cases expands on an earlier case law review (Mossman, 1999) attempting to encapsulate and summarize key issues concerning perceptions or allegations of bias in mental health expert witness testimony. Using a series of search terms reflecting various potential forms of accusatory bias, a total of 160 published civil and criminal court cases were identified in which 185 individuals (e.g., attorneys, trial and appellate judges, other witnesses) made one or more references to clinicians' alleged lack of neutrality. Allegations most typically involved describing the expert as having an opinion that was "for sale," or as a partisan or advocate for one side, although aspersions also were made concerning "junk science" testimony and comparing mental health experts to mystics and sorcerers. Our results indicate that diverse forms of bias that go beyond financial motives are alleged against mental health experts by various players in the legal system. Means are discussed by which experts can attempt to reduce the impact of such allegations. (c) 2012 APA, all rights reserved.

Mesh:

Year:  2012        PMID: 22545822     DOI: 10.1037/a0028264

Source DB:  PubMed          Journal:  Psychol Serv        ISSN: 1541-1559


  4 in total

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Journal:  Psychiatr Psychol Law       Date:  2020-05-05

2.  Educator of the Court: The Role of the Expert Witness in Cases Involving Autism Spectrum Disorder.

Authors:  Colleen M Berryessa
Journal:  Psychol Crime Law       Date:  2017-01-18

3.  Examining the effect of religiosity, moral disengagement, personal attribution, comprehension and proximity on juror decision making regarding insanity pleas.

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Journal:  Psychiatr Psychol Law       Date:  2022-03-09

4.  Evaluating the Reliability of Expert Evidence in Compensation Procedures: Are Diagnosticians Influenced by the Narrative Fallacy when Assessing the Psychological Injuries of Trauma Victims?

Authors:  M J J Kunst; M Van de Wiel
Journal:  Psychol Inj Law       Date:  2016-07-14
  4 in total

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