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Cross Examining Experts in the Behavioral Sciences

By Terence W. Campbell, Demosthenes Lorandos

Last Updated: 9/19/2011

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Description

Provides step-by-step guidance how to refute behavioral scientists’ conjecture and speculation to ensure favorable rulings on Daubert, Kuhmo Tire and Frye standards. Integrates hundreds of questioning strategies and actual questions to save you time and energy in preparing your cases. Demonstrates how to examine and challenge the expertise of mental health experts and the use of psychological tests. Details both the scientific research and the legal aspects behind a mental health expert's testimony.

Features

Summary Of Contents

CHAPTER ONE MENTAL HEALTH EXPERTS: SCIENCE AND THE LAW

Mental Health Professionals as Expert Witnesses
Types of Mental Health Experts
The Gap between Science and Practice
The Move Toward "Validity" and "Reliability" in the Courts
Dealing with Mental Health Experts
Voir Dire Questions Regarding Scientific Methodology
Voir Dire Questions Regarding Peer Reviewed Journals
Evidentiary Rules and Motion Practice
Daubert Hearings
The Importance of Voir Dire
The Interplay Between FRE Rules 401 - 403 - 702 - and - 703
Three Kinds of "Fit" in Expert Evidence
Evidentiary Reliability and Validity
Shielding the Jury from Prejudicial "Junk Science"
The Problem of Creeping Hearsay.

CHAPTER TWO WHO QUALIFIES AS AN EXPERT?

Overview
Treating Therapist v. Expert Witness
Treating Therapist v. Expert Witness—Therapeutic Alliance v. Objectivity
Treating Therapist v. Expert Witness—Dual Relationships and Ethical Obligations
Treating Therapist v. Expert Witness—Cross-Examination
Challenging Post-graduate Education—Psychologists
Challenging Post-graduate Education—Cross-Examining the Graduate Education of Psychologists
Challenging Post-graduate Education—The Medical Education of Psychiatrists
Challenging Post-graduate Education—Cross-Examining the Medical Education of Psychiatrists
Challenging Post-graduate Education—The Graduate Education of Other Mental Professionals
Challenging Post-graduate Education—Cross-Examining The Graduate Education of Other Mental Health Professionals
Challenging Licensure, Continuing Education, and Board Certification—Psychologists.
Challenging Licensure, Continuing Education, and Board Certification—Cross-Examining Psychologists
Challenging Licensure, Continuing Education, and Board Certification—Psychiatrists
Challenging Licensure, Continuing Education, and Board Certification— Cross-Examining Psychiatrists
Challenging Licensure, Continuing Education, and Board Certification—Social Workers, Professional Counselors and Marriage and Family Therapists.

CHAPTER THREE CHALLENGING CLINICAL JUDGEMENT

Overview
Overlooking Normalcy—Research
Overlooking Normalcy—Cross-Examining the Disregard of Normalcy
Preconceived Expectations—Research
Preconceived Expectations—Cross-examination
Ruling In v. Ruling Out—Research
Ruling In v. Ruling Out-Cross-examination
Selective Recall of Mental Health Professionals—Research
Selective Recall of Mental Health Professionals—Cross-Examination
Anchoring Biases of Mental Health Professionals—Research
Anchoring Biases—Cross-Examination
Attribution Bias—Research
Attribution Bias—Cross-Examination
Clinical Judgment and Inter-rater Reliability—Research
Cross-Examination Related to Judgmental Consistency
Clinical Judgment v. Actuarial Procedures—Research
Clinical Judgment v. Actuarial Procedures—Cross-Examination

CHAPTER FOUR CHALLENGING CLAIMS OF PROFESSIONAL EXPERIENCE

Claims of Professional Experience—Unavailability of Feedback
Claims of Professional Experience—Cross-Examining Unavailability of Feedback
The Professional Experience of Psychologists—Research
Professional Experience of Psychologists—Cross-Examination Questions
The Professional Experience of Psychiatrists—Research
The Professional Experience of Psychiatrists— Cross-Examination
Claims of Expertise as a Treating Therapist-Research
Claimsof Expertise as a Treating Therapist—Cross-Examination Questions
Excessive Reliance on Personality Theory—Research
Excessive Reliance on Personality Theory—Cross-Examination
Freudian Theory
Cross-Examining Freudian Theory
Claims of Eclectics
Claims of Eclectics—Cross-Examination

CHAPTER FIVE CHALLENGING DIAGNOSTIC CLASSIFICATION

Diagnostic Classification—Generally
Perpetual Revisions of the DSM
Cross-Examining the Perpetual Revisions of DSM Editions
The "Improved" DSM-IV-
Cross-Examining The "Improved" DSM-IV-
A theoretical Definition of Mental Disorder
Cross-Examining Atheoretical Definitions of Mental Disorder
Forensic Use of DSM-IV-
Cross-Examining the Forensic Use of DSM-IV-
Diagnoses of Post-Traumatic Stress Disorder
Cross-Examining Definition of Stressful Event
Malingering and PTSD
Cross-Examination Regarding Malingering and PTSD
Unreliability of PTSD
Cross-Examining the Unreliability of PTSD
Prevalence and Treatment of PTSD
Cross-Examining the Prevalence and Treatment of PTSD
Diagnoses of Personality Disorders
Cross-Examining the Reliability of Personality Disorder Diagnoses
Diagnosis of Antisocial Personality Disorder (ASPD)
Cross-Examining the Reliability of Antisocial Personality Disorder Diagnoses
Assumed Chronicity of Antisocial Personality Disorder
Cross-Examining the Assumed Chronicity of Antisocial Personality Disorder
ASPD and the Psychopathy Checklist*mdash;Revised (PCL?R)
Cross-Examining Use of the PCL-R.
Overview of DSM-IV- for Psychologists
Cross-Examining Psychologists Regarding DSM-IV-

CHAPTER SIX PSYCHOLOGICAL TESTING ~ OBJECTIVE TESTS

Objective Tests-Generally
Cross-Examining Non-Psychologists Regarding Psychological Testing.
Psychological Testing and Relevant Ethical Codes
Cross-Examining Non-Psychologists Regarding Psychological Testing
Examiner Influences
Cross-Examination Regarding Examiner Influences
Ethical Considerations and Standards of Practice
Cross-Examination Regarding Ethical Considerations and Standards of Practice
Minnesota Multiphasic Personality Inventory (MMPI-2)
Minnesota Multiphasic Personality Inventory (MMPI-2)—Necessity for Proper Monitoring
Minnesota Multiphasic Personality Inventory (MMPI-2)—Cross-Examining Proper Monitoring of the MMPI-2
Minnesota Multiphasic Personality Inventory (MMPI-2)—Validity Scales
Minnesota Multiphasic Personality Inventory (MMPI-2)—Cross-Examination Regarding MMPI-2 Validity Scales
Minnesota Multiphasic Personality Inventory (MMPI-2)—Critical Items
Minnesota Multiphasic Personality Inventory (MMPI-2)— Cross-Examination Regarding Critical Items
Minnesota Multiphasic Personality Inventory (MMPI-2)—Harris-Lingoes Content Scales
Minnesota Multiphasic Personality Inventory (MMPI-2)—Cross-Examination Regarding Harris-Lingoes Content Scales
Minnesota Multiphasic Personality Inventory (MMPI-2)—Norms for College Students
Minnesota Multiphasic Personality Inventory (MMPI-2)—Norms for College Students
Minnesota Multiphasic Personality Inventory (MMPI-2)—Assessment of Alcohol Problems
Minnesota Multiphasic Personality Inventory (MMPI-2)—Cross-Examining the Assessment of Alcohol Problems
Minnesota Multiphasic Personality Inventory (MMPI-2)—Subtle-Obvious Subscales
Minnesota Multiphasic Personality Inventory (MMPI-2)—Cross-Examination of the Subtle-Obvious Scales
Minnesota Multiphasic Personality Inventory (MMPI-2)—Computer Based Test Interpretations
Minnesota Multiphasic Personality Inventory (MMPI-2)—Cross-Examining Computer Based Test Interpretations
Minnesota Multiphasic Personality Inventory (MMPI-2)—Data as Hypotheses Necessitating Clarification
Minnesota Multiphasic Personality Inventory (MMPI-2)—Cross-examining MMPI-2 Data as Hypotheses Necessitating Clarification
Millon Clinical Multiaxial Inventory (MCMI)
Millon Clinical Multiaxial Inventory (MCMI)-Cross Examination
Wechsler Intelligence Scales
Wechsler Intelligence Scales—Errors in Standardized Administration
Wechsler Intelligence Scales—Cross-Examining Errors in Administration
Wechsler Intelligence Scales—African-American Populations
Wechsler Intelligence Scales—Cross-Examining the Wechsler for Black Males
Wechsler Intelligence Scales—Attempts at Interpreting "Scatter"
Wechsler Intelligence Scales —Cross-Examining Attempts at Interpreting Scatter

CHAPTER SEVEN PSYCHOLOGICAL TESTING—PROJECTIVE TESTS

Overview of Projective Techniques
Subjectivity of Projective Techniques
Cross-Examining the Subjective Nature of Projective Techniques
The Rorschach Technique
The Rorschach Technique—Cross Examining Multiple Scoring and Interpretive Systems
The Rorschach Technique—Reliance on Psychoanalytic Theory
The Rorschach Technique—Cross-Examining the Rorschach and Psychoanalytic Theory
The Rorschach Technique—Supplementary Information
The Rorschach Technique—Cross-Examining The Rorschach and Supplementary Information
The Rorschach Technique—Exner's Rorschach System and Inter?Rater Reliability
The Rorschach Technique—Cross-Examining Exner's Rorschach System and Inter-Rater Reliability
The Rorschach Technique—Validity
The Rorschach Technique —Exner's Depression Index
The Rorschach Technique—Cross-Examining Exner's Depression Index
The Rorschach Technique—Exner's Egocentricity Index and Issues of Peer?Review
The Rorschach Technique —Cross-Examining Exner's Egocentricity Index and Issues of Peer-Review
The Rorschach Technique—Assumptions Related to the Rorschach
The Rorschach Technique —Cross-Examining Assumptions Related to the Rorschach
The Rorschach Technique —Speculative Excesses of the Rorschach
The Rorschach Technique—Cross-Examining the Speculative Excesses of the Rorschach
The Rorschach Technique—Computerized Interpretation of the Rorschach
The Rorschach Technique —Overview of the Rorschach
The Rorschach Technique—Cross-Examining the Clinical Use of the Rorschach
The Rorschach Technique—Admissibility of the Rorschach in Legal Proceedings
The Rorschach Technique—Cross Examining Admissibility of the Rorschach in Legal Proceedings
The Rorschach Technique—Cross Examining Admissibility of the Rorschach in Legal Proceedings and Malingering
Projective Drawings
Projective Drawings—Cross-Examining General Considerationsrethe DAP
Projective Drawings—Popular Assumptionsrethe DAP
Projective Drawings—Cross-Examining Popular Assumptionsrethe DAP
Thematic Apperception Test
Thematic Apperception Test—Cross-Examining the TAT
Thematic Apperception Test—The TAT SCORS System
Thematic Apperception Test—Cross Examining Regarding the SCORS System
The Bender-Gestalt Test
The Bender-Gestalt Test—Cross-Examining the Bender?Gestalt
Conclusions regarding Projective Techniques

CHAPTER 8 CHILD CUSTODY EVALUATIONS AND APPROPRIATE STANDARDS OF PSYCHOLOGICAL PRACTICE

Introduction
Divorce and Changing Family Dynamics—Assessment Issues
Cross-Examination Regarding Divorce and Changing Circumstances
Child Custody Evaluations—Statutorily Defined Criteria
Child Custody Evaluations—Cross-Examination Regarding Relevant Criteria
Child Custody Evaluations—Statutorily Defined Criteria and Relevant Research
Child Cusody Evaluations—Cross-Examination Regarding "Best Interest" Factors
Psychological Testing in Child Custody Evaluations
Psychological Testing in Child Custody Evaluations-Authoritative Opinions
Psychological Testing in Child Custody Evaluations—Cross-Examination
Psychological Testing in Child Custody Evaluations—Frequently Used Tests
Psychological Testing in Child Custody Evaluations—Cross-Examining Frequently Used Tests
Psychological Testing in Child Custody Evaluations—Custody Specific Tests
Psychological Testing in Child Custody Evaluations—Cross-Examining the ASPECT
Psychological Testing in Child Custody Evaluations—Bricklin Perceptual Scales (BPS)
Psychological Testing in Child Custody Evaluations—Cross-Examining the Bricklin Perceptual Scales
Psychological Testing in Child Custody Evaluations—Bricklin's Perception of Relationship Test (PORT)
Psychological Testing in Child Custody Evaluations—Cross-Examining the Perception of Relationship Test (PORT)
Psychotherapy with Children of Divorce
Psychotherapy with Children of Divorce—Divorced Spouses and Parental Conflicts
Psychotherapy with Children of Divorce—Cross-Examining Regarding Divorced Spouses and Parental Conflicts
Psychotherapy with Children of Divorce —Psychotherapy and Triangulated Relationships
Psychotherapy with Children of Divorce—Cross-Examination Regarding Psychotherapy and Triangulated Relationships
Psychotherapy with Children of Divorce—Triangulated Relationships as Vicious Cycles
Psychotherapy with Children of Divorce—Cross-Examination Regarding Triangulated Relationships as Vicious Cycles
Psychotherapy with Children of Divorce—Effective Psychotherapy for Children of Divorce
Psychotherapy with Children of Divorce—Cross-Examination Regarding Effective Psychotherapy for Children of Divorce

CHAPTER NINE PREDICTING FUTURE VIOLENCE

Introduction
Assessment of Violence Risk—Ethical and Practice Standards
Assessment of Violence Risk—Cross-Examination Re: Ethical and Testing Standards
Assessment of Violence Risk-APA Ethical Standard 2.02 (a).
Assessment of Violence Risk—Cross-ExaminationreAPA Ethical Standard 2.02 (a)
Assessment of Violence Risk-Testing Standard 1.1
Assessment of Violence Risk—Cross-Examination Regarding Testing Standard 1.1
Assessment of Violence Risk—The Sensitivity?Specificity Tradeoff Dilemma
Assessment of Violence Risk—Cross-ExaminationreSensitivity?Specificity Tradeoff
Assessment of Violence Risk—Testing Standard 2.10
Assessment of Violence Risk—Cross-ExaminationreTesting Standard 2.10
Assessment of Violence Risk —Testing Standard 6.1
Assessment of Violence Risk—Cross-ExaminationreTesting Standard 6.1
Assessment of Violence Risk-APA Ethical Standard 2.04 (a) and Testing Standard 7.9.
Assessment of Violence Risk—Cross-ExaminationreAPA Ethical Standard 2.04 (a) and Testing Standard 7.9.
Assessment of Violence Risk-APA Ethical Standard 2.05
Assessment of Violence Risk—Cross-ExaminationreAPA Ethical Standard 2.05
Generally used methods for risk assessment— Unaided Clinical Judgment (UCJ)
Generally used methods for risk assessment—Cross-Examining Unaided Clinical Judgment (UCJ) for Assessing Violence Risk
Generally used methods for risk assessment —Continued Reliance on Unaided Clinical Judgment (UCJ) in Clinical Practice
Generally used methods for risk assessment—Cross-Examining Unaided Clinical Judgment (UCJ) in Clinical Practice
Generally used methods for risk assessment—Sexual Predator Evaluations and Guided Clinical Risk Assessments
Generally used methods for risk assessment—Guided Clinical Risk Assessments
Generally used methods for risk assessment —General Considerations in Cross-Examining GCRAs
Generally used methods for risk assessment —Additional IssuesreGuided Clinical Risk Assessment
Generally used methods for risk assessment —Additional Cross-ExaminationreGuided Clinical Risk Assessments
Generally used methods for risk assessment—Sexual Violence Risk-20 (SVR-20)
Generally used methods for risk assessment —Cross-Examining the SVR-20
Predicting Violence for Mentally Ill Patients
Predicting Violence for Mentally Ill Patients—Overview of The Relevant Research
Predicting Violence for Mentally Ill Patients—Cross-Examination
Actuarial Procedures
Actuarial Procedures —HCR-20
Actuarial Procedures—Cross-Examining the HCR-20
Actuarial Procedures—Rapid Risk Assessment for Sexual Offender Recidivism (RRASOR)
Actuarial Procedures—Cross-Examining the RRASOR
Actuarial Procedures— Minnesota Sex Offender Screening Tool (MnSOST)
Actuarial Procedures—Cross-Examining the MnSOST-R
9:39 Actuarial Procedures—Sexual Offender Risk Appraisal Guide (SORAG).
9:40 Actuarial Procedures—Cross-Examining the SORAG

CHAPTER 10 PSYCHOTHERAPY AND APPROPRIATE STANDARDS OF PRACTICE

Informed Consent: Ethical Obligations
"Informed Consent:" A Psycho - Legal Concept
Cross-ExaminingreEthical Obligations and Informed Consent
Appropriate Treatment Planning
Appropriate Treatment Planning-Cross-Examination
Appropriate Treatment Planning-The "Why Now?" Question
Appropriate Treatment Planning—Cross-Examinationrethe "Why Now" Question
Social Support
Social Support-Cross-Examination Questions
Expressed Emotion
Expressed Emotion—Cross-Examination Questions
Counterproductive Treatment Practices—Blame-and-Change Maneuvers
Counterproductive Treatment Practices—Cross-Examining Blame-and-Change Maneuvers
Counterproductive Treatment Practices—Victims, Villains, and Saviors.
Counterproductive Treatment Practices—Cross-ExaminingreVictims, Villains, and Saviors.
Counterproductive Treatment Practices—Strengths v. Deficits.
Counterproductive Treatment Practices—Cross-ExaminationreStrengths v. Deficits.
Counterproductive Treatment Practices—Long Term Therapy or The "Clinician's Illusion"
Counterproductive Treatment Practices—Cross-Examining Long Term Therapy or The "Clinician's Illusion"
Counterproductive Treatment Practices—Analytic Theory
Counterproductive Treatment Practices—Cross-Examining Analytic Theory
Claims of Client Satisfaction
Claims of Client Satisfaction-Cross-Examination Questions
Therapist Claims of Treatment Effectiveness
Therapist Claims of Treatment Effectiveness—Cross-Examination Questions
Suicide: Informed Consent, Assessment, and Treatment Planning
Malpractice and Mental Health Professionals
Suicide and Mental Health Professional Malpractice
Suicide and Mental Health Professional Malpractice—Assessing Suicide Risk
Suicide and Mental Health Professional Malpractice—Cross-Examining Assessment of Suicidal Risk
Suicide and Mental Health Professional Malpractice—Stressful Life Events and Other Risk Factors
Suicide and Mental Health Professional Malpractice—Cross-Examining Stressful Life Events and Other Risk Factors
Suicide and Mental Health Professional Malpractice—Hospitalization
Suicide and Mental Health Professional Malpractice—Cross-Examining Issues Regarding Hospitalization
Suicide and Mental Health Professional Malpractice—Help Negation
Suicide and Mental Health Professional Malpractice—Cross-Examination Regarding Help Negation
Psychotherapy for Children and Adolescents
Psychotherapy for Children and Adolescents—Cross-Examining Research Treatment v. Community Treatment
Psychotherapy for Children and Adolescents—Ineffectiveness of Community Treatment for Children
Psychotherapy for Children and Adolescents—Cross-Examining the Ineffectiveness of Community Treatment for Children
Psychotherapy for Children and Adolescents—Play Therapy for Children
Psychotherapy for Children and Adolescents—Cross-Examining Play Therapy for Children
Psychotherapy for Children and Adolescents—Conduct Disordered Children and Adolescents
Psychotherapy for Children and Adolescents—Cross-Examining Psychotherapy with Conduct
Disordered Children and Adolescents
Psychotherapy Influenced Allegations of Sexual Harassment: The PIASH Effect
Psychotherapy Influenced Allegations of Sexual Harassment—Claims of Sexual Harassment and Ambiguity
Psychotherapy Influenced Allegations of Sexual Harassment — Cross-Examining Claims of Sexual Harassment and Ambiguity
Psychotherapy Influenced Allegations of Sexual Harassment—Narrative Truths and Historical Truths in Psychotherapy
Psychotherapy Influenced Allegations of Sexual Harassment—Cross-Examining Narrative Truths and Historical Truths in Psychotherapy
Psychotherapy Influenced Allegations of Sexual Harassment —Treatment Approaches for Plaintiffs
Psychotherapy Influenced Allegations of Sexual Harassment—Cross-Examining Treatment Approaches for Plaintiffs
Psychotherapy Influenced Allegations of Sexual Harassment—Confirmatory Bias and Sharpening and Leveling
Psychotherapy Influenced Allegations of Sexual Harassment—Cross-Examining Confirmatory Bias and Sharpening and Leveling
Psychotherapy Influenced Allegations of Sexual Harassment—Mood?Congruent Memory Effect
Psychotherapy Influenced Allegations of Sexual Harassment—Cross-Examining the Mood-Congruent Memory Effect
Psychotherapy Influenced Allegations of Sexual Harassment—Conjecture Regarding Why?
Psychotherapy Influenced Allegations of Sexual Harassment—Cross Examining Conjecture Regarding Why?
Psychotherapy Influenced Allegations of Sexual Harassment —Source Monitoring Errors
Psychotherapy Influenced Allegations of Sexual Harassment— Cross-Examination Regarding Source Monitoring
Psychotherapy Influenced Allegations of Sexual Harassment—Attribution Theory and The "Fundamental Attribution Error."
Psychotherapy Influenced Allegations of Sexual Harassment—Cross-Examining Attribution Theory and The "Fundamental Attribution Error."
Psychotherapy Influenced Allegations of Sexual Harassment—Category?Based Impression Formation and Stereotyping
Psychotherapy Influenced Allegations of Sexual Harassment—Cross-Examining Category-Based Impression Formation and Stereotyping
Psychotherapy Influenced Allegations of Sexual Harassment —Therapist Stereotyping and Ethical Considerations
Psychotherapy Influenced Allegations of Sexual Harassment—Cross-Examination Regarding Therapist Stereotyping and Ethical Considerations
Psychotherapy Influenced Allegations of Sexual Harassment — Treating Therapist v. Expert Witness
Psychotherapy Influenced Allegations of Sexual Harassment — Summary

CHAPTER 11 SAMPLE MOTIONS

Motion for Extended Voir Dire
Memorandum in support of extended Voir Dire
Motion to Conduct Daubert hearing
Memorandum in support of motion for Daubert Hearing
Motion in Limine to Exclude Evidence of Plaintiff's Expert
Memorandum in support of motion in limine toexclude expert witness
Motion to Conduct Taint Hearing
Memorandum in Support of Motion to Conduct Taint Hearing
Motion to Strike Plaintiff's Proposed Expert Witness
Memorandum in Support of Motion to Strike Expert Witness

Appendices

Code of Ethics and Guidelines from major behavioral science groups such as the American Association of Marriage and Family Therapists, National Association of Social Workers, American Academy of Psychiatry and the Law.

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