Psychology expert witness

Expert witnesses are professionals who present their opinions to the court in matters related to their expertise. A psychologist expert witness is an expert who possesses the knowledge and background necessary for a specific field in psychology. They share their expertise in court and testify for criminal, civil, family, or forensic proceedings. In legal matters, psychology experts usually provide their views and describe psychological topics in a judge and jury-friendly language. Their job is to offer clear and honest feedback that aids the court in making correct and informed decisions.  Here is everything you need to know about them. 

Who is a psychologist expert witness?

A psychologist expert witness is basically a psychologist with the necessary education, qualifications and certifications to give expert opinions in a court setting. Here are the steps that you need to take to become an expert witness psychologist. 

• Get a postgraduate degree in psychology (e.g., MSc, PhD)
• Get a specialisation in any branch of psychology
• Get registered with the relevant authorities (HCPC or BPS)
• Comply with legal standards
• Get real-world courtroom experience

“A general principle, which is applied to any expert acts as an expert witness in the court of law, is that such an expert must possess relevant qualification and skills. Furthermore, the manner of the testimony of the expert also matters a lot.” 

Ali Ajmal et al. 

Get details on how to become an Expert Witness Psychologist here.

2. Clinical Psychologist

These mental health professionals diagnose a wide range of psychological problems, such as anxiety, depression, PTSD, etc.. These experts help in identifying the mental health issues affecting behaviour in legal suits. Their qualification should include a Doctorate in Clinical Psychology and HCPC registration. They work in:

• NHS mental health services
• Private practices
• Rehabilitation centres 
• Family courts

3. Clinical Neuropsychology

These psychologists are experts in drawing a connection between your behaviour and brain injuries or diseases. They assess your actions, memory, and other skills to check if you are able to make a decision about money or healthcare. They should have postdoctoral training in neuropsychology (e.g., completing the Qualification in Clinical Neuropsychology (QiCN) through the BPS). They work in:

• Brain injury rehab centres
• Specialist hospitals
• Private clinics.

• Mental health assessments

A psychologist in court ensures the mental state of the accused is properly evaluated at the time of the crime. The professional looks at interviews tests the person’s mental health, and reviews both the patient’s prior medical and legal records.

• Understanding Diagnoses:

What type of mental illness or condition that the defendant claimed affects their judgment is given in their explanation. They also mention what the condition covers and how it takes effect.

• Reasons for actions:

A psychology expert can show how problems with mental health could have affected what the defendant did and thought at the time of the crime.

• Legal Limits:

Psychologists are unable to make a legal judgment on the defendant’s insanity. A decision regarding reasonable suspicion belongs to the judge or jury. Still, they can offer an opinion on how the mental illness might have affected the ability of the defendant to control their acts.

2. Child custody cases

This is another vital role of psychologist expert witnesses. They evaluate the cases on merit and help the courts in deciding the well-being of the child. Here are the roles they play.

• Assessing the Child’s Needs

These psychologists will be concerned with the mental and emotional state of the kid in order to determine how they are coping. They attempt to detect any signs of trauma, anxiety, and sadness, which can be either due to the custody scenario or other challenges. They consider the child’s relationship with each parent and the strength of the relationship.

• Considering the Skills of Parenting

Psychologist expert witnesses look at the ability of each parent to look after the child in a secure, caring, and steady manner. Any past history of abuse, neglect, or psychological disorders may also be examined. They pay attention to the way the child’s parents act towards their child. As a result, they could say which parent is better suited to provide for the child’s requirements.

• Making recommendations

After carrying out their duties, psychologist expert witnesses can advise on which custody plan suits the child. They can outline how often the visit will be. They suggest the support that will help you as a parent. At times, they decide that one parent will have sole custody, one parent will have joint custody, or the parties will have less contact.

• Delivering statements in a Court of Law

Many psychologist expert witnesses have to provide testimony in court by providing their expert opinions. They are able to clarify the child’s needs, the way each parent is handling the separation, and which custody scheme would make things easiest for the child.

Thanks to their opinions, the court can decide what will help the child the most.

3. Trauma assessment cases

They give the court knowledge about how the experiences of trauma impact individuals. They also express their thoughts on mental health issues, appropriate therapies, and getting better.

• Examining and diagnosing trauma

They use certain methods to establish whether individuals are experiencing PTSD, depression, anxiety or not. In order to simplify their work, they apply such popular guides as DSM-5 or ICD-11.

• Expert Testimony

They can share information on mental health in front of the court. During their testimony, the judges can see how trauma may have changed the individual.

• Independent exams

They carry out certain exams to find out if someone’s emotional distress is due to trauma. Many times, these exams help in making legal cases for emotional harm.

• Treatment advice

Based on their findings, they can recommend certain steps for recovery. They support your mental health need and suggest course of action to the courts.

4. Criminal proceedings

In criminal cases, these experts help the court in judging the mental state of a person. They can also assess their cognitive state. Here are the roles they perform in such cases:

• Check that the client can stand the trial based on mental fitness (fitness to plead)
• Evaluate if the person can stand the pressure, especially in cases of false confessions
• Test if any issues with mental capacity could affect the understanding of crime

5. Employment proceeding

The role of psychologist expert witnesses is also crucial in assessing work-related stress in workplace disputes. Here are the roles they play here:

• Assess allegations of stress, anxiety or depression due to the workplace.
• Assist in establishing whether an individual is mentally fit to resume working or to keep on working.
• Offer occupational psychology reports to justify or refute claims.

6. Business and Property Disputes

Here, they test your mental capacity to make a business-related decision. The following are some of their roles in this regard:

• They test cognitive ability (such as memory, reasoning and comprehension).
• They assess your mental ability to sign a contract

7. Inquests

Inquests are sudden or unexplained death investigations. An expert witness psychologist may be needed in a case where mental health was a contributing factor. Here are some of their roles:

• Offer professional judgments in case of possible medical error or negligence.
• Make the court know how the individual felt and thought prior to their death.
• Determine whether mental illness or brain injury could have caused the death.

8. Housing Cases

Their role in housing cases is to identify if the person has mental health issues or any learning difficulties. Here is the role they play in these cases:

• Determine whether an individual can read legal letters such as eviction notices.
• Decide whether a person can handle their obligation as a tenant, including the rent payment or property maintenance.
• Defend individuals who can be vulnerable because of their mental health condition

How psychological evaluations influence legal decisions

These experts can influence the courts in multiple ways. The courts can decide if someone should be sent to prison or a mental health facility. This is based on their testimony. They also explain if a criminal is likely to repeat their act. This can impact their bail or release. In family cases, their input is vital to deciding custody. They are able to instruct the courts as to whether the individual requires assistance as they await trial. Their testimony can assist the courts to make better decisions. They can, thus, support or weaken a legal claim.

3. Attend the session with relevant parties

In this session or meeting, the psychologist expert witness listens to all the relevant parties. During this step, they must be objective, calm, and fair. They ensure that everyone has an opportunity to speak.

4. Evaluate if needed

If the expert finds it necessary, they conduct a mental health assessment. This helps them in understanding the mental health of the person. It also assists them in making a better report.

5. Answer questions sent by the court

The court provides a list of questions to the psychologist expert witnesses. They have to use their knowledge to answer these questions. They should be very professional at this stage. They do not have to decide what is right or wrong. They just have to explain the facts in clear and simple terms. The judge and the jury will then decide the case based on their explanation.

6. Write a report

Once the session is complete, the psychologist expert witnesses write a full report. The report should only contain facts, not opinions. This report includes:

• A summary of the case
• The expert’s findings
• Link between the event and the harm
• Proof or scientific explanation of the motives or events

Explore more about psychology expert reports.

7. Share the first draft of the report

After the draft of the report is completed, the psychologist expert witnesses can share the draft with the relevant parties. This step is optional. They can also take feedback and improve or add sections accordingly.

8. Submit the final report

Once the report is complete, they send it to the judge. The judge then makes the decision while considering all the facts of the case.

Learn more about psychologist expert witness Testimony in UK. 

Admissibility standards for expert testimony

There are two standards by which testimony is acceptable in courts. Here is a brief explanation of each:

1. Frye standard

To decide if the testimony can be used in court, this standard is used in some courts. Under this standard, the method that the expert is using should be widely accepted. This means that the method is being used by psychologists or scientists commonly. If the technique is not common or new, the courts can decide its reliability by holding a separate hearing on it.

2. Daubert Standard

This method is more detailed than the former one. By this standard, the courts assess whether the expert’s opinion is based on science. They also check the relevance of the opinion to the case. Judges check these four points:

• Has the method been tested?
• Has it been reviewed or published?
• Is there a known error rate?
• Is it generally accepted (just one of the factors)?

In the UK, the evaluation of testimony is more flexible. It varies case-by-case, unlike the US, where the Daubert standard is mainly used in Federal courts.

3. Be transparent

Psychologist expert witnesses should list all the materials they need. They should inform the court if any video or therapy notes are missing. They should also explain how this missing data can affect their analysis. 

4. Be confidential

The psychologist expert witnesses should inform the person they are assessing of all the key details. They must let them know how their information would be used in court. They should keep the files of this person secure and private. If the court orders, only then should this information be brought forward.

Jones v Kaney [2011] UKSC 13: A case study

This case was about suing an expert witness if they engaged in negligence. Mr. Jones was in a road accident in 2000. He sued for physical and mental health damages. For his case, he hired Dr. Kaney to act as a psychologist expert witness. She signed a common statement with the expert on the other side. In that statement, she conceded to matters that undermined the case of Jones.

Jones stated that she did it without consulting him first. He further called the action careless. As a result of her action, he got a much smaller settlement than he expected. He sued her for being negligent in her professional duties. 

Expert witnesses in the past had legal immunity. This meant that they could not be sued for what they did in the court cases. Jones fought his case on the basis that experts are responsible for their mistakes just like other professionals. 

The court ruled in favour of Mr. Jones by a 5 to 2 vote. The experts can now be sued if they do not do their job properly. This ended a 400-year rule. 

This case is a landmark decision. It reinforces the legal and ethical standards for expert witnesses. 

How can Concise Medico Help

Psychologist expert witnesses play a crucial role in court cases. Thus, for your case, you should focus on finding psychologists as expert witnesses in court who are qualified and knowledgeable. At Concise Medico, we provide you with expert witnesses who are proficient in your case in particular. We ensure that you are provided support with expert testimony and reports. We assist you in strengthening your case. 

If you need help, contact us now.