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Research ArticleRegular Articles

Gender and the Experience of Mental Health Expert Witness Testimony

Aimee C. Kaempf, Prudence Baxter, Ira K. Packer and Debra A. Pinals
Journal of the American Academy of Psychiatry and the Law Online March 2015, 43 (1) 52-59;
Aimee C. Kaempf
Dr. Kaempf is Assistant Professor of Psychiatry, University of Arizona College of Medicine, Tucson, AZ. Dr. Baxter is Clinical Instructor in Psychiatry, Harvard Medical School, Boston, MA. Dr. Packer is Clinical Professor of Psychiatry and Dr. Pinals is Associate Professor of Psychiatry, University of Massachusetts Medical School (UMMS), Worcester, MA. Drs. Baxter, Packer, and Pinals are affiliated with the UMMS Law and Psychiatry Program. This study was presented before data collection as a poster presentation, “Gender and the Experience of Providing Expert Testimony,” at the 39th Annual Meeting of the American Academy of Psychiatry and the Law, Seattle, WA, October 23–26, 2008.
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Prudence Baxter
Dr. Kaempf is Assistant Professor of Psychiatry, University of Arizona College of Medicine, Tucson, AZ. Dr. Baxter is Clinical Instructor in Psychiatry, Harvard Medical School, Boston, MA. Dr. Packer is Clinical Professor of Psychiatry and Dr. Pinals is Associate Professor of Psychiatry, University of Massachusetts Medical School (UMMS), Worcester, MA. Drs. Baxter, Packer, and Pinals are affiliated with the UMMS Law and Psychiatry Program. This study was presented before data collection as a poster presentation, “Gender and the Experience of Providing Expert Testimony,” at the 39th Annual Meeting of the American Academy of Psychiatry and the Law, Seattle, WA, October 23–26, 2008.
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Ira K. Packer
Dr. Kaempf is Assistant Professor of Psychiatry, University of Arizona College of Medicine, Tucson, AZ. Dr. Baxter is Clinical Instructor in Psychiatry, Harvard Medical School, Boston, MA. Dr. Packer is Clinical Professor of Psychiatry and Dr. Pinals is Associate Professor of Psychiatry, University of Massachusetts Medical School (UMMS), Worcester, MA. Drs. Baxter, Packer, and Pinals are affiliated with the UMMS Law and Psychiatry Program. This study was presented before data collection as a poster presentation, “Gender and the Experience of Providing Expert Testimony,” at the 39th Annual Meeting of the American Academy of Psychiatry and the Law, Seattle, WA, October 23–26, 2008.
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Debra A. Pinals
Dr. Kaempf is Assistant Professor of Psychiatry, University of Arizona College of Medicine, Tucson, AZ. Dr. Baxter is Clinical Instructor in Psychiatry, Harvard Medical School, Boston, MA. Dr. Packer is Clinical Professor of Psychiatry and Dr. Pinals is Associate Professor of Psychiatry, University of Massachusetts Medical School (UMMS), Worcester, MA. Drs. Baxter, Packer, and Pinals are affiliated with the UMMS Law and Psychiatry Program. This study was presented before data collection as a poster presentation, “Gender and the Experience of Providing Expert Testimony,” at the 39th Annual Meeting of the American Academy of Psychiatry and the Law, Seattle, WA, October 23–26, 2008.
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Article Figures & Data

Tables

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    Table 1

    Survey Items Achieving a Significant Gender-Based Difference

    ItemGenderFrequency Reported (%)Significance
    NeverRarelySometimesFrequentlyAlways
    Told fees are excessiveMale34.856.58.70.00.0p = .010
    Female72.016.012.00.00.0
    Felt adequately prepared to testify despite court's ruling against opinionMale0.04.317.456.521.7p = .040
    Female0.00.024.076.00.0
    Feel confident in opinionsMale0.00.00.065.234.8p = .033
    Female0.00.04.088.08.0
    Feels case's desired outcome was due to expert's effective testimonyMale0.04.339.156.50.0p = .001
    Female0.04.084.012.00.0
    No ImpactLow ImpactModerate ImpactHigh Impact
    Impact of expert's testimony on case's outcomeMale0.04.339.156.5p = .018
    Female0.00.076.024.0
    Impact of academic productivity in selection of expertMale0.073.926.10.0p = .002
    Female12.028.040.020.0
    • View popup
    Table 2

    Survey Items Trending* Toward Significant Gender-Based Differences

    ItemGenderFrequency Reported (%)Significance
    NeverRarelySometimesFrequentlyAlways
    Frequency of no anxiety before/during testimonyMale30.421.713.030.44.3p = .056
    Female60.020.016.04.00.0
    Improperly addressed (e.g., called Mr./Ms. instead of Dr.)Male47.834.817.40.00.0p = .058
    Female20.032.032.016.00.0
    Felt adequately prepared to testify when courts ruled in agreement with expert's opinionMale0.00.04.369.626.1p = .071
    Female0.00.04.092.04.0
    No ImpactLow ImpactModerate ImpactHigh Impact
    Impact of expert's experience on selection processMale0.00.034.865.2p = .082
    Female0.04.060.036.0
    Impact of expert's gender on selection processMale43.552.24.30.0p = .085
    Female32.036.028.04.0
    • ↵* p > .05 and < .10.

    • View popup
    Table 3

    Survey Items With No Significant Gender-Based Differences

    Demographics
        Practice locale
        Age
        Race/ethnicity
        Professional title (MD, PhD)
        Years since completion of psychiatry/psychology training
        Fellowship experience
        Testimony experience
    Frequency of degrees of anxiety experienced before/during testimony
        Extreme anxiety
        High anxiety
        Moderate anxiety
        Mild anxiety
    Frequency of experiencing hassle factors
        Comments about age/appearance/attire
        Unrealistic time demands
        Not provided necessary information to form an opinion
        Not adequately prepared by attorney before testimony
        Hostile cross examination
        Provided with poorly organized/incomplete records
        Asked to adjust/reduce fees
        Pressured to adjust schedule to meet attorney's case needs
        Expected to obtain collateral data normally obtained by attorney
    Frequency of testimony-related thoughts
        “I provided effective expert witness testimony.”
        “I worked with effective attorneys.”
        “I felt confident in my testimony.”
        “After testifying, I spent time reviewing the strengths and weaknesses of my testimony.”
        “I enjoy testifying as an expert witness.”
        “I feel satisfied with my testimony.”
        “I am self-critical of my testimony.”
        “I have felt that a case's undesired outcome was due to my ineffective testimony.”
        “I have felt that a case's undesired outcome was due to ineffective counsel.”
        “I have felt that a case's desired outcome was due to effective counsel.”
        “I have felt that my testimony ‘helped’ a case.”
        “I have felt that my testimony ‘hurt’ a case.”
        “I tend to focus on the weaknesses of my testimony more than the strengths.”
    Opinions regarding traits affecting the selection of an expert witness
        Quality of expert's written reports
        Quality of expert's testimony
        Fees charged by expert
        Age of the expert
        Appearance of the expert
        Reputation of the expert
        Training of the expert
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Journal of the American Academy of Psychiatry and the Law Online: 43 (1)
Journal of the American Academy of Psychiatry and the Law Online
Vol. 43, Issue 1
1 Mar 2015
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Gender and the Experience of Mental Health Expert Witness Testimony
Aimee C. Kaempf, Prudence Baxter, Ira K. Packer, Debra A. Pinals
Journal of the American Academy of Psychiatry and the Law Online Mar 2015, 43 (1) 52-59;

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Gender and the Experience of Mental Health Expert Witness Testimony
Aimee C. Kaempf, Prudence Baxter, Ira K. Packer, Debra A. Pinals
Journal of the American Academy of Psychiatry and the Law Online Mar 2015, 43 (1) 52-59;
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