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Trial Consulting

Author: Amy J. Posey
Publisher: Oxford University Press
ISBN: 9780198040361
Size: 14.64 MB
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In its roughly 25 years of existence, the trial consulting profession has grown dramatically in membership, recognition, and breadth of practice. What began as a small activist group of social scientists volunteering their expertise to assist in the defense of Vietnam War protestors has evolved into a diverse set of professionals from a range of educational and professional backgrounds. In spite of such enormous growth, the work of trial consultants has gone largely unexamined. Trial Consulting takes an in-depth look at the primary activities of trial consultants, including witness preparation, focus groups and mock trials, jury selection, change of venue surveys, and attorney presentation style. It also examines the profession's struggle to define itself, resisting certification and licensure requirements and settling instead for a set of practice standards. The authors draw upon empirical and other scholarly work in the social sciences, recommended "best practices" from trial lawyers, and the written and spoken recommendations and reflections of the trial consultants themselves. Addressing a broad spectrum of topics ranging from handwriting analysis to medical malpractice cases, they also suggest reforms for improving the profession and the efficacy of the trial consultant in the courtroom. The result is a critical analysis of what trial consulting truly adds to, and detracts from, the administration of justice. This book is an indispensable guide for practicing and aspiring trial consultants as well as the judges, attorneys, and psychologists who work with them. Trial Consulting provides a thought-provoking statement on the state of the profession, and students and professionals alike will benefit from the challenges it offers.

Principles And Practice Of Trial Consultation

Author: Stanley L. Brodsky
Publisher: Guilford Press
ISBN: 1606233904
Size: 68.11 MB
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A pragmatic guide to a growing area of professional practice, this book describes the multiple roles of the trial consultant and provides tools for carrying them out competently and ethically. Leading authority Stanley Brodsky uses examples from actual trials and depositions to illustrate how knowledge and skills from psychology and related fields are applied in the legal context. He shows how to use scientific methods and findings to assist with jury selection, help attorneys focus their arguments, prepare witnesses for the rigors of cross-examination, and conduct change of venue evaluations. The examples are drawn from a wide range of civil and criminal cases. In addition to behavioral scientists, legal professionals also will find important insights and strategies in this book.

Handbook Of Trial Consulting

Author: Richard L. Wiener
Publisher: Springer Science & Business Media
ISBN: 9781441975690
Size: 51.17 MB
Format: PDF, ePub, Mobi
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This volume will be a handbook that treats trial consulting as applied psychology. The purpose of the volume will be to collect the viewpoints of leaders in the field of psychology and law who apply the discipline’s theoretical models, methods, and ethics to assist litigators to try cases in the most effective way possible. As a whole, the collection of chapters will describe the theory, business, and mechanics of trial consulting for those interested in learning and practicing the profession. However, it will do so from the perspective of organized theories of jury-decision making. In other words, the work of juror researchers will inform the recommendations and suggestions in the handbook. The volume consists of six sections, each pertaining to a different topic. Multiple chapters with different authors will cover each topic. The topics and corresponding seven sections will be 1) An Introduction to the Theory and Psychology of Jury Decision-Making, 2) Applied Research Methodologies for Trial Consultants, 3) Education and Ethical Considerations for Trial Consultants, 4) Preparing and Cross Examining Witnesses, 5) Technology and Demonstrative Evidence at Trial, and 6) Special Topics in Trial Consulting. Each section will begin with the editors’ short introduction reviewing that section and explaining its goals, objectives, and content. Separate individuals, recognized as leaders in their areas will write the remaining chapters in each section. These individuals come from the fields of both psychology and law, and represent viewpoints on these topics from a practice-oriented perspective, but a perspective that is emerges from research results. They are affiliated with a number of academic institutions, including University of Nebraska, John Jay College of Criminal Justice, University of Texas, University of Chicago Simon Fraser University, and private law firms.

Handbook Of Trial Consulting

Author: Richard L. Wiener
Publisher: Springer Science & Business Media
ISBN: 9781441975690
Size: 68.89 MB
Format: PDF, Docs
View: 4106
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This volume will be a handbook that treats trial consulting as applied psychology. The purpose of the volume will be to collect the viewpoints of leaders in the field of psychology and law who apply the discipline’s theoretical models, methods, and ethics to assist litigators to try cases in the most effective way possible. As a whole, the collection of chapters will describe the theory, business, and mechanics of trial consulting for those interested in learning and practicing the profession. However, it will do so from the perspective of organized theories of jury-decision making. In other words, the work of juror researchers will inform the recommendations and suggestions in the handbook. The volume consists of six sections, each pertaining to a different topic. Multiple chapters with different authors will cover each topic. The topics and corresponding seven sections will be 1) An Introduction to the Theory and Psychology of Jury Decision-Making, 2) Applied Research Methodologies for Trial Consultants, 3) Education and Ethical Considerations for Trial Consultants, 4) Preparing and Cross Examining Witnesses, 5) Technology and Demonstrative Evidence at Trial, and 6) Special Topics in Trial Consulting. Each section will begin with the editors’ short introduction reviewing that section and explaining its goals, objectives, and content. Separate individuals, recognized as leaders in their areas will write the remaining chapters in each section. These individuals come from the fields of both psychology and law, and represent viewpoints on these topics from a practice-oriented perspective, but a perspective that is emerges from research results. They are affiliated with a number of academic institutions, including University of Nebraska, John Jay College of Criminal Justice, University of Texas, University of Chicago Simon Fraser University, and private law firms.

The Portable Guide To Testifying In Court For Mental Health Professionals

Author: Barton E. Bernstein, JD, LMSW
Publisher: John Wiley & Sons
ISBN: 0471735361
Size: 28.29 MB
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A one-stop guide to testifying in court for mental health professionals Even the most seasoned mental health professionals can find themselves unnerved by the prospect of appearing in court, especially when presented with it for the first time. Those in the mental health field usually have no formal preparation for testifying in court, even though they often play an important part in many types of cases. The Portable Guide to Testifying in Court for Mental Health Professionals provides a concise yet comprehensive guide for practitioners preparing to appear in court. The authors employ their combined decades of legal work in the mental health field to provide a clear, no-nonsense handbook of what to expect, how to prepare, and what to look out for when testifying in court. Along with a general introduction to courts and the legal system, the text details topics such as: * Testifying both as an expert and involuntary witness * Protecting clients when bringing therapy into testimony * Preparing for testimony * Tips to use and lawyers' tricks to look out for when testifying in court Throughout the book, Bernstein and Hartsell use detailed case studies to provide specific examples. In addition, "legal light bulbs" offer important tips and facts, and appendices list relevant Web resources and provide common legal forms. A one-of-a-kind resource, The Portable Guide to Testifying in Court for Mental Health Professionals gives a complete view of your role in courtroom proceedings, offering a vital tool for both legal and mental health practices.

Psychological Injuries

Author: William J. Koch
Publisher: Oxford University Press
ISBN: 0195188284
Size: 77.64 MB
Format: PDF
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Human emotional suffering has been studied for centuries, but the significance of psychological injuries within legal contexts has only recently been recognized. As the public becomes increasingly aware of the ways in which mental health affects physical - and financial - well-being, psychological injuries comprise a rapidly growing set of personal injury insurance claims. Although the diverse range of problems that people claim to suffer from are serious and often genuine, the largely subjective and unobservable nature of psychological conditions has led to much skepticism about the authenticity of psychological injury claims. Improved assessment methods and research on the economic and physical health consequences of psychological distress has resulted in exponential growth in the litigation related to such conditions.Integrating the history of psychological injuries both from legal and mental health perspectives, this book offers compelling discussions of relevant statutory and case law. Focussing especially on posttraumatic stress disorder, it addresses the current status and empirical limitations of forensic assessments of psychological injuries and alerts readers to common vulnerabilities in expert evidence from mental health professionals. In addition, it also uses the latest empirical research to provide the best forensic methods for assessing both clinical conditions such as posttraumatic stress disorder and for alternative explanations such as malingering. The authors offer state-of-the-art information on early intervention, psychological therapies, and pharmaceutical treatments for posttraumatic stress disorder and stimulating suggestions for further research into this complex phenomenon.A comprehensive guide to psychological injuries, this book will be an indispensable resource for all mental health practitioners, researchers, and legal professionals who work with psychological injuries.

Mastering Voir Dire And Jury Selection

Author: Jeffrey T. Frederick
Publisher: Amer Bar Assn
ISBN: 9781616328450
Size: 55.28 MB
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This much anticipated and expanded Third Edition by one of the nation's most experienced trial consultants goes beyond other books on jury selection and focuses on the skills needed to conduct effective voir dire and jury selection, ultimately improving your chances of a favorable verdict at trial. This valuable guide will help you understand effective voir dire and jury selection strategies and adapt them to the unique circumstances you face in your trial jurisdiction.

Confessions In The Courtroom

Author: Lawrence S. Wrightsman
Publisher: SAGE
ISBN: 0803945558
Size: 15.51 MB
Format: PDF, Kindle
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The causes of confessions, the acceptability of confessions extracted under duress and the interrogation procedures used by police are among the topics explored in this volume. The authors examine how the North American legal system has evolved in its treatment of confessions over the past 50 years, evaluate the process for determining the admissability of confession testimony and provide research findings on jurors' reactions to voluntary and coerced confessions.

Practical Aspects Of Rape Investigation

Author: Robert R. Hazelwood
Publisher: CRC Press
ISBN: 9781420065053
Size: 26.30 MB
Format: PDF, Kindle
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U.S. Justice Department statistics indicate that only 26 percent of all rapes or attempted rapes are reported to law enforcement officials, and only slightly more than half of these result in the arrest of a suspect. Part of the problem lies in the public’s lack of faith in the criminal justice system’s ability to effectively deal with rape, victims, and the offenders. Practical Aspects of Rape Investigation: A Multidisciplinary Approach, Fourth Edition presents several new research findings and forensic techniques which enable agencies to overcome past impediments to successful intervention and prosecution. This revision of the perennial bestseller adds several new chapters and expertly advances the state of knowledge for police, health professionals, rape crisis staffs, and other criminal justice professionals. The book begins with a focus on the victim and reviews contemporary issues in the field of sexual violence, discusses the impact of sexual assault on the victim, and outlines victim care services. Then, from an investigative perspective, the book examines the relevance of fantasy, impulsive and ritualistic behavior, the personality of the offender, victim and offender interviews, geographic profiling, false allegations, and false confessions. A discussion of forensics and the court includes topics on collection of evidence, medical examinations and treatment, and trial preparation issues. Lastly, the book examines special populations with sections on pedophiles, female and juvenile offenders, drug-facilitated rape, sexual sadism, abuse of the elderly, and the timely topic of educator misconduct. This work was compiled by former FBI Agent Robert R. “Roy” Hazelwood and Ann Wolbert Burgess, Professor of Psychiatric Nursing at Boston College. The comprehensive text they have assembled is the definitive resource for those who must contend with the crimes of rape and other sexual assaults.

Lender Liability Fifth Edition

Author: A. Barry Cappello
Publisher: Juris Publishing, Inc.
ISBN: 1578233437
Size: 79.38 MB
Format: PDF
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Lender Liability - Fifth Edition is the leading one-volume work on the subject. This area of the law has grown and matured significantly over the years and is now recognized as a distinct body of law that is the basis of thousands of lawsuits filed over the last decade. Written for both lenders' and borrowers' attorneys, Lender Liability discusses the basics and more advanced issues relating to lender liability. Topics include 1) an extended analysis of where and how lender liability problems arise, 2) common law and statutory theories of liability, 3) bankruptcy concerns and 4) lawsuits against failing or failed financial institutions. A sample complaint, request for production of documents, interrogatories and jury instructions are included on CD for easy use. The work also includes as well tables of state and federal cases and statutes, rules and regulations. This brand new edition has been completely revised, reorganized and updated. It conforms now to the evolution and maturity of Lender Liability as an accepted, cited and well litigated area of commercial and consumer litigation. "Lender Liability" as a body of law has evolved from traditional contract and tort theories, to include causes of action based in the Uniform Commercial Code; including the covenant of good faith and fair dealing. This handy reference work is ideal for either the experienced practitioner or the neophyte involved in representing an institution or client whose interests involve bank liability.