+ Noël Bridget Busch-Armendariz, PhD, LMSW, MPA Associate Professor & Director The University of...
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+ Noël Bridget Busch-Armendariz, PhD, LMSW, MPA Associate Professor & Director The University of Texas at Austin, School of Social Work Institute on Domestic Violence & Sexual Assault Melissa Hamilton, JD, PhD Visiting Assistant Professor of Law, University Expert Witnesses in Domestic Violence Trials First Annual Williamson County Domestic Assault Response Team (DART) Conference May 16, 2013
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Transcript of + Noël Bridget Busch-Armendariz, PhD, LMSW, MPA Associate Professor & Director The University of...
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Noël Bridget Busch-Armendariz, PhD, LMSW, MPA
Associate Professor & DirectorThe University of Texas at Austin, School of Social Work
Institute on Domestic Violence & Sexual Assault
Melissa Hamilton, JD, PhDVisiting Assistant Professor of Law, University of
Houston Law Center
Expert Witnesses in Domestic Violence Trials
First Annual Williamson County Domestic Assault Response Team (DART) ConferenceMay 16, 2013
+Cases and Circumstances for Expert Involvement
Expert Witnesses in Domestic Violence Trials
+
To inform trier of fact, often involving Contextualizing physical, emotional, and mental abuse The various impacts upon the beliefs, perceptions, and
behavior of victims The common strategies and value systems of batterers
Educate on another issue not fully understood and relevant to the case
To provide an unbiased, informed, professional opinion
Consideration of all evidence
Triangulate informationExpert Witnesses in
Domestic Violence Trials
The Role of Experts
+My Cousin Vinny
Expert Witnesses in Domestic Violence Trials
+
“If scientific, technical, or other specialized
knowledge will assist the trier of fact to understand
the evidence or determine a fact in issue, a witness
qualified as an expert by knowledge, skill,
experience, training, or education may testify
thereto in the form of an opinion or otherwise.”
Expert Witnesses in Domestic Violence Trials
Texas Rule of Evidence 702The Judge as Gatekeeper
+
Expert Witnesses in Domestic Violence Trials
Daubert / Robinson / Kelly:Threshold Requirements of Admissibility of Expert Opinion
+
Testability of the theoryPeer review and
publicationPotential rate of errorAbility to control the
theory’s operationExtent to which the
underlying scientific theory or technique are accepted as valid by the relevant scientific community
Whether the technique relies upon the expert’s subjective interpretation
Non-judicial uses of the theory
Similar intellectual rigor in court
Expert Witnesses in Domestic Violence Trials
Nonexclusive Factors of Reliability
+
Existence of literature supporting or rejecting the underlying scientific theory
Alternative explanations accounted for
Availability of other experts to test and evaluate the technique
The clarity with which the underlying scientific theory and technique can be explained to the court
Qualifications of the expert testifying
The experience and skill of the person who applied the technique on the occasion in question
Expert Witnesses in Domestic Violence Trials
Nonexclusive Factors of Reliability
+There must be a “fit” between yourbackground and your testimony
Expert Witnesses in Domestic Violence Trials
+
Ph.Ds
M.Ds
Degreed & licensed counselors
Therapists
Advocates
Shelter employees
Police
Educational Experiential
Expert Witnesses in Domestic Violence Trials
Background of Experts
+
Reasons she stays &/or returns Internal & external
constraints Recantation/denial/
minimization Practices of batterers
Power & control Masculinities
Role of drugs & alcohol
Submission as strategic
Non-resistance in the form of learned helplessness
Diminished capacity of victims
The “syndrome”Expert Witnesses in
Domestic Violence Trials
One Study’s Results on Expert Testimony
Most Common Occasional
+
Expert Witnesses in Domestic Violence Trials
The Myth of Dichotomization
+Terminology and Definitions:Consider the Words you Choose
Expert Witnesses in Domestic Violence Trials
+
Expert Witnesses in Domestic Violence Trials
Strategic Use of the Cycle of Violence
+
Expert Witnesses in Domestic Violence Trials
Strategic Use of Power and Control
+
Expert Witnesses in Domestic Violence Trials
Difficult Questions
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Simple, clear, compelling languageRelatable metaphors Sound bites vs. full explanationBe thorough and accurate
Don’t hesitate to say “I don’t know” or “that is beyond my expertise”
Determine with counsel beforehand whether it is better to bring documentation as a reference
If you expect to refer to academic literature or studies, review them before your testimony so that you can cite it accurately
Expert Witnesses in Domestic Violence Trials
Elements of “Successful” Testimony
+
Answer the questions asked Ask for clarification when a question is confusing Pause and think if you need to before responding
Have a conversation, that is, teach your audience
Don’t battle during cross examination Be calm—don’t lose your composure Expert’s job is to inform the court/jury so they can make
decisions Understand that opposing counsel may use the power
and control model to divert youMake eye contact with jury
Expert Witnesses in Domestic Violence Trials
Considerations of Expert Testimony
+
Expert Witnesses in Domestic Violence Trials
Tips for Expert Testimony
Do not fake answersDecline to attempt answers beyond your
knowledge/experienceProfessionalism
Attire is important Demeanor is important Use appropriate salutations and titles
+
Preparation time neededType of expertise needed? Do you have the
expertise?Review of documents? Which documents? With or without a written report?With or without interviewing the client? Or
collaterals? Expectations of court testimony?Trial date, schedule?
Expert Witnesses in Domestic Violence Trials
For Experts:Considerations Before Taking a Case
+
Expert Witnesses in Domestic Violence Trials
In the End…
+Contact IDVSA
Noël Bridget Busch-Armendariz, PhD, LMSW, MPA
Melissa Hamilton, JD, PhD
+Contact IDVSA
IDVSA Website:
http://www.utexas.edu/ssw/cswr/institutes/idvsa/
