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.
Product Details
ISBN-13: 9781433836329
Media Type: Paperback
Publisher: American Psychological Association
Publication Date: 11-15-2022
Pages: 299
Product Dimensions: 6.00(w) x 9.00(h) x (d)
About the Author
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.
What People are Saying
What People are Saying About This
Susan Hatters Friedman
Professor Brodsky’s book teaching experts how to testify in court is a classic. This insightful volume is full of practical advice for expert witnesses, in down-to-earth language, illustrated with stories. Experts not only in psychology but across various medical disciplines, whether they are new at testifying or frequently find themselves in court, will find their knowledge enhanced.
Eric Y. Drogin
Don’t call it a comeback. Prior editions haven’t become dated; they just keep evolving. Dr. Brodsky is a peerless source of contemporary guidance on practical aspects of testifying in court.
Randy K. Otto
A general principle about expert testimony is that, in order to be persuasive, witnesses must not only be knowledgeable about the subject matter that is the focus of their testimony, but they also must be able to hold the audience’s attention when communicating their opinions. The third edition of this volume makes clear Dr. Brodsky can check both boxes when it comes to expert testimony. With a new organization, and new content that comes from his own experience and that of others, Dr. Brodsky has used his always engaging style to improve what is a classic volume.
Thomas Grisso
Brodsky’s legendary advice on expert testimony is not just about technique but recognizing your own vulnerabilities and defenses—in short, knowing yourself. If you thought the earlier editions taught you all you needed to know, you’ll be surprised. And it’s served up with Brodsky’s trademark knack for telling illustrative stories that stick with you.
Joel A. Dvoskin
Stan Brodsky has done it again. Testifying in court can be a terrifying experience, and Brodsky has calmed and comforted generations of mental health professionals with practical wisdom and sage advice. This readable book includes realistic hypotheticals; stories of real cases; up-to-date social science; lots of humor; and, as always, the legendary Brodsky Maxims. I recommend this book to anyone headed to court, for the first time or the hundredth.
Tess M.S. Neal
Stan Brodsky’s scholarly work and popular writings about expert testimony have guided expert witnesses for generations. This book offers new guidance to coach expert witnesses to be better at what they need to do. It cuts without nonsense and with refreshing immediacy to the core of various issues involved in testifying as an expert.
Table of Contents
Table of Contents
Acknowledgments Introduction: More Ways to Maxim-ize Your Testimony I. PRIOR TO TESTIMONY 1. Beginning to Think and Act Like an Expert Witness 2. Cherry-Picking 3. Courtroom as Place Identity 4. Culture and Diversity in Forensic Work 5. Flawed Collateral and Assessment Data 6. Intimidation Before Testimony 7. Preparation on the Go 8. Psychotherapists in Court: To Testify or Not to Testify 9. Report Matters 10. Socializing With Attorneys and Other Parties 11. Staying Current 12. To Be an Expert 13. Uninvolved and Inept Attorneys 14. Virtual Testimony 15. What to Wear II. THE SKILLED WITNESS 16. Burden of Proof and Degree of Certainty 17. Changing Your Mind 18. Fooled by the Face 19. The Learned Treatise 1: Writings of Authorities 20. The Learned Treatise 2: What You Have Written 21. Listening Well 22. The Rumpelstiltskin Principle 23. Saying “I Don’t Know” Versus Waffling 24. Using Quiet Times 25. When the Expert Is Not Allowed to Answer 26. Wit-Free Testimony III. OBJECTIVITY CHALLENGES 27. Allegiance Effects 28. Hired Guns 29. Professional Witnesses and Professionalism IV. DIRECT EXAMINATION 30. Beginnings: The Good Direct Examination 31. Brushed-Off Direct Examination 32. Diverging on Direct Examination 33. The Language of Testimony V. CROSS-EXAMINATION 34. Abrasive and Attacking Cross-Examinations 35. The Abysmal History Gambit 36. The Admit–Došeny Response 37. Challenges to Experience 1: Insufficient Experience 38. Challenges to Experience 2: Case-Specific Experience 39. Challenges to Experience 3: The Case Against Experience 40. Credentialing and Qualifications: Common Challenges 41. Disaster Relief 42. DSM-5: The Cautionary Statement 43. The Expert Gaze 44. Looking at the Jury 45. Negative Assertions 46. Perspective Taking 47. Power and Control on the Witness Stand 48. Probes for Guilt and Shame 49. The Push–Pull Technique 50. Set-Ups and Takedowns 51. Surprise Questions 52. Theatrical and Outlandish Attorneys 53. Transformative Moments 54. Vigorous Cross-Examinations, Vigorous Answers 55. Your Expertise Used Against You VI. WHAT NOT TO DO 56. Feisty Experts 57. Frittering Away Trustworthiness 58. Humor 59. Implicit Vouching and Winking at the Jury 60. The Lateral Arabesque 61. Meandering Expertise 62. Narcissistic Experts 63. Predictable Answers 64. Recalcitrant and Unprepared: The Case for Consultation 65. Testifying While Sick or Under the Influence 66. Traumatic Experiences on the Stand 67. Worst Expert Testimony Ever VII. AFTER YOUR TESTIMONY 68. Fugue State Testimony 69. Moving On 70. When It Is Over Appendix: Maxims for Quick Review References Index About the Author