Where you look while you're speaking is also important, says Sharon Kelley, PhD, JD, of the University of Virginia. Sitting with arms crossed can be seen as a defensive posture scratching your head can be interpreted as a sign of confusion. You can also slow the pace during rapid-fire questioning by taking a sip of water, adjusting your glasses or shifting your posture, says DeMatteo. "If I am cut off on the witness stand, I usually turn to the judge and say on the record, ‘That wasn't my complete answer, would you like me to finish?'" he says. He advises witnesses to take control of the pace, pausing before speaking so they can concentrate on answering accurately. Lawyers often try to conduct a cross-examination at a rapid pace as a way to confuse a witness, but "they can't make you answer fast," says Dvoskin. "Listen to questions very carefully and feel comfortable and assertive correcting what's wrong," adds Dan Murrie, PhD, of the University of Virginia.ĭictate the pace. To avoid that, be sure to ask the attorney to repeat the questions one at a time, says Sanschagrin. If you answer such compound questions too quickly, you run the risk of acknowledging any misinformation the attorney slipped in. One strategy for undermining witnesses is asking several questions at once-often at length and with a slightly different interpretation of what you have just said-which can be tricky to follow. The opposing attorney's job is to highlight flaws in your work and poke holes in your testimony. "‘Blowing them away' with complicated verbiage and sophisticated theories just encourages juries to dismiss an expert's input," he says. Ultimately, psychologists who testify should see their role as an educator of the court, says Joel Dvoskin, PhD, who offers workshops on testifying through the American Academy of Forensic Psychology. To avoid that, rehearse your answers with friends outside the field to see if they can follow your message. "If you're testifying on a statistical analysis, the jury's eyes might glaze over," she says. Psychologists often make the mistake of filling their testimony with jargon that is unfamiliar to the jury, says Sanschagrin. If you've never testified before, visit the courtroom ahead of time and practice walking up to the witness stand from where you'll be seated as a way to reduce your anxiety, says DeMatteo. "Lean on your colleagues," says Kim Sanschagrin, JD, PhD, of Bel Air, Maryland, and a member of APA's Committee on Legal Issues. If you're there to discuss an evaluation, for example, an attorney will likely ask you to state the purpose of your evaluation, describe how you conducted the evaluation and what your main findings were, says DeMatteo.Ĭross-examination questions can be trickier to predict, but tend to focus on the limitations of your expertise, procedures or conclusions, such as, "Isn't it true that you cannot be 100 percent certain in your conclusion in this case?" For further insights, ask colleagues about the sort of questions they faced when they have testified. Questions to expect during the direct examination are usually straightforward, says DeMatteo. Then use that information to draft answers to the likely flow of questions for the 30 minutes or more you'll be on the stand, says DeMatteo. Ask the lawyer to send you all the information he or she can to familiarize yourself with the case. Here is their advice for ensuring a smooth day in court. Knowing what to expect can make the difference between getting flustered and leaving the courtroom knowing you have played a valuable role in the legal process, say DeMatteo and other psychologists experienced in psycholegal issues. "They wonder, ‘Do I really have the expertise to be testifying in court?'" "Particularly among early career professionals, it's a big source of anxiety," he says. Some fear the public speaking aspect others are nervous about having their work so publicly scrutinized. The thought of getting up on the witness stand can be daunting for many psychologists, says David DeMatteo, JD, PhD, of Drexel University's program in law and psychology. No matter your specialty or work setting, it's likely you will be asked to testify in court at some point in your career, to discuss a client evaluation, as an expert witness about a defendant or litigant, or as an authority in a psychological area.
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