Term
|
Definition
| A statistical approach where available studies are statistically combined to ask and answer ?s that are not possible with only 1 study alone. (*this was used to determine the impact of expert testimony on jury decisions: Studies of many different types of cases were used) |
|
|
Term
|
Definition
| *found to have only a modest impact on jury decision making (studied across different types of cases) *there are legal standards for what is admissable as "expert testimony" |
|
|
Term
|
Definition
| because of their expertise and knowledge, clinical psychologists should be allowed to testify about mental health issues, |
|
|
Term
Frye Standard (Frye vs US) |
|
Definition
"General Acceptance": for something to be admissable it must be "generally accepted" as reliable and valid in the field in which it belongs. (polygraphs are not "generally accepted" as reliable in the field of psychology, so not admissable in court.)
**was later replaced by Daubert |
|
|
Term
|
Definition
| a particular piece of information helps prove a particular point or is useful in deciding an issue before the court. |
|
|
Term
|
Definition
| potential damage or bias a piece of evidence or testimony may cause |
|
|
Term
|
Definition
| any piece of evidence or testimony must be more beneficial (probative) than any prejudice or bias it may cause in the minds of the judge, jury, etc |
|
|
Term
|
Definition
| (*testimony of "experts" from tobacco companies that smoking doesn't cause cancer!!) testimony admitted on issues that were not well established in the scientific communities but were useful to the legal system in some manner |
|
|
Term
|
Definition
(landmark Case: birth defects- plaintiff suing Dow Chemical - judge excluded their experts' testimony, later Supreme Court reversed this, saying Frye test was not proper for admitting scientific evidence)
Judges could be "gatekeepers" of the relevance and/or reliablity of scientific evidence;
Daubert set forth 4 guidelines for reliability |
|
|
Term
|
Definition
| relating to the issue at hand |
|
|
Term
|
Definition
| it is valid- it is testing what it is supposed to be testing |
|
|
Term
General Electric v Joiner |
|
Definition
| Trial judge is the clear gatekeeper for admission of scientific evidence |
|
|
Term
Kumho Tire Comp. v Charmichael |
|
Definition
| Prior rulings on the admissibility of scientific testimony apply to technical and specialized knowledge also |
|
|
Term
|
Definition
Occurs after witness has testified, opposing attorney questions the (expert) witness
the most common way of challenging expert testimony, even when the testimony has already been admitted |
|
|
Term
|
Definition
another expert tesitifies with information that discounts or challenges the testimony of previous expert witness;
(studies have found that this method decreases the impact of the defense's expert witness) |
|
|
Term
|
Definition
another way of challenging expert testimony;
judge gives list of instructions to the jury, prior to discussion of the case, that jury is supposed to follow while deliberating;
(juries often have trouble understanding and/or applying these instructions, therefore not as effective) |
|
|
Term
|
Definition
experts are often seen as less credible because they have been paid by one side for their testimony;
studies found that the higher the pay & the more frequently the expert testified, the less the jurors believed & like them |
|
|
Term
|
Definition
expert testimony in which the expert not only gives a conclusion, but that conclusion answers the ultimate legal question (the question that is presently before the court)
*psychologists should avoid testifying or writing to an ultimate issue because they would be working outside of their scope of practice |
|
|
