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A Pilot Rasch Scaling of Lawyers' Perceptions of Expert Bias

Frank M. Dattilio, Michael Lamport Commons, Kathryn Marie Adams, Thomas G. Gutheil and Robert L. Sadoff
Journal of the American Academy of Psychiatry and the Law Online December 2006, 34 (4) 482-491;
Frank M. Dattilio
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Michael Lamport Commons
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Kathryn Marie Adams
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Thomas G. Gutheil
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Robert L. Sadoff
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    Figure 1.

    Rasch scale of item and participant ratings.

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    Table 1

    Attorneys' Views of Expert Bias

    Item No.Item LabelQuestionnaire ItemScaled ScoreInfit MNSQ
    48Whores2Respondent's assessment of the expert witness in the statement: “Those who prostitute themselves…”2.460.76
    45NonteamRespondent's assessment of the truth value of the statement: “Those expert witnesses who say what they believe do not know how to work with attorneys.”1.660.61
    43ProsRespondent's assessment of the truth value of the statement: “Those expert witnesses who say whatever they are paid to say are doing their jobs.”1.471.71
    52PuppetRespondent's assessment of the persuasiveness over the jury of an expert witness who completely follows the lead of the retaining attorney in a given case0.750.54
    47Pros2Respondent's assessment of the expert witness in the statement: “Those that are paid to do their jobs by saying what they are told…”0.741.40
    41EffectLikelihood of effect on respondent's opinion of expert witness who has worked primarily for one side or the other in the past now working for the opposite side0.381.18
    49Nonteam2Respondent's assessment of the expert witness in the statement, “Those who do not know how to work with attorneys…”0.361.32
    40LoyalTendency of respondent to view the loyalty of the expert witness who has worked for both plaintiff/prosecution and defense−0.330.86
    51RegardTendency of respondent to have regard for an expert witness who is repeatedly appointed by the court, as opposed to one usually hired by the legal adversaries−0.420.57
    39TrustyTendency of respondent to view the trustworthiness of the expert witness who has worked for both plaintiff/prosecution and defense−0.750.82
    53OwnRespondent's assessment of the persuasiveness over the jury of an expert witness who says what he/she believes to be objectively true in a given case−0.760.59
    42RehireInclination of respondent to recommission an expert witness who has workd primarily for one side or the other in the past, but who switches sides in further cases−0.780.90
    38CredibleTendency of respondent to view the credibility of the expert witness who has worked both for plaintiff/prosecution and defense−0.800.89
    44WhoresRespondent's assessment of the truth value of the statement: “Those expert witnesses who say whatever they are paid to say are prostituting themselves.”−1.262.16
    46BalancedRespondent's assessment of the truth value of the statement: “Those expert witnesses who say what they believe are objective and well‐balanced…”−1.281.46
    50Balance2Respondent's assessment of the expert witness in the statement, “Those who say what they believe are objective and well‐balanced…”−1.440.84
  • What view would you tend to have of the expert witness who works for both sides?
    38.Not CredibleCredible
    123456
    39.UntrustworthyTrustworthy
    123456
    40.DisloyalLoyal
    123456
    41. If expert witnesses, who have primarily served as defense witnesses, were to take cases for the plaintiff/prosecution, or vice versa, how would this likely affect your opinion of them?
    Does not affectSeriously affects
    123456
    42. Based on your answer to questions 38–41, would you be inclined to hire the expert again in the future?
    NoYes
    123456
    Underneath each of the statements below, circle the number closest to your opinion:
    43. Those who say whatever they are paid to say are doing their jobs.
    UntrueTrue
    123456
    44. Those who say whatever they are paid to say are prostituting themselves.
    UntrueTrue
    123456
    45. Those who say what they believe do not know how to work with attorneys.
    UntrueTrue
    12345.
    46. Those who say what they believe are objective and well‐balanced.
    UntrueTrue
    123456
    47. Those that are paid to do what they are told:
    Say, in fact, what they are told to sayOffer objective opinions
    123456
    48. Those who prostitute themselves:
    Say whatever they are told to sayOffer objective opinions
    123456
    49. Those who do not know how to work with attorneys:
    Say whatever they are told to sayOffer objective opinions
    123456
    50. Those who say what they believe are objective and well‐balanced:
    Say whatever they are told to sayOffer objective opinions
    123456
    51. Would you tend to have less or more positive regard for an expert witness who is repeatedly court appointed as opposed to those hired by the opposition?
    LessMore
    123456
    52. How convincing to jurors is an expert witness who testifies as the retaining attorney instructs?
    Not at allTotally
    123456
    53. How convincing to jurors are expert witnesses who testify to what they believe to be true?
    Not at allTotally
    123456
    54. How frequently do you choose an expert witness of the same profession (e.g. as nurse in a trial of a nurse) as the one on trial in a health professional case?
    NeverAlways
    123456
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Journal of the American Academy of Psychiatry and the Law Online: 34 (4)
Journal of the American Academy of Psychiatry and the Law Online
Vol. 34, Issue 4
December 2006
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A Pilot Rasch Scaling of Lawyers' Perceptions of Expert Bias
Frank M. Dattilio, Michael Lamport Commons, Kathryn Marie Adams, Thomas G. Gutheil, Robert L. Sadoff
Journal of the American Academy of Psychiatry and the Law Online Dec 2006, 34 (4) 482-491;

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A Pilot Rasch Scaling of Lawyers' Perceptions of Expert Bias
Frank M. Dattilio, Michael Lamport Commons, Kathryn Marie Adams, Thomas G. Gutheil, Robert L. Sadoff
Journal of the American Academy of Psychiatry and the Law Online Dec 2006, 34 (4) 482-491;
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    • Abstract
    • The Present Study
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  • A Forensic Science-Based Model for Identifying and Mitigating Forensic Mental Health Expert Biases
  • Bias in Peer Review of Forensic Psychiatry Publications
  • Reconsidering the Relationship Between Criminal Insanity and Delusions
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