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Research ArticleRegular Articles

Differences in Expert Witness Knowledge: Do Mock Jurors Notice and Does It Matter?

Caroline T. Parrott, Tess M. S. Neal, Jennifer K. Wilson and Stanley L. Brodsky
Journal of the American Academy of Psychiatry and the Law Online March 2015, 43 (1) 69-81;
Caroline T. Parrott
Dr. Parrott is Staff Psychologist, Taylor Hardin Secure Medical Facility, Tuscaloosa, AL. Dr. Neal is Assistant Professor, New College of Interdisciplinary Arts and Sciences, Arizona State University, Phoenix, AZ. Ms. Wilson is a doctoral candidate and Dr. Brodsky is Professor, Department of Psychology, The University of Alabama, Tuscaloosa, AL. Portions of these results were presented at the 2013 Conference of the American Psychology-Law Society (AP-LS) in Portland, OR, March 7–9, 2013.
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Tess M. S. Neal
Dr. Parrott is Staff Psychologist, Taylor Hardin Secure Medical Facility, Tuscaloosa, AL. Dr. Neal is Assistant Professor, New College of Interdisciplinary Arts and Sciences, Arizona State University, Phoenix, AZ. Ms. Wilson is a doctoral candidate and Dr. Brodsky is Professor, Department of Psychology, The University of Alabama, Tuscaloosa, AL. Portions of these results were presented at the 2013 Conference of the American Psychology-Law Society (AP-LS) in Portland, OR, March 7–9, 2013.
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Jennifer K. Wilson
Dr. Parrott is Staff Psychologist, Taylor Hardin Secure Medical Facility, Tuscaloosa, AL. Dr. Neal is Assistant Professor, New College of Interdisciplinary Arts and Sciences, Arizona State University, Phoenix, AZ. Ms. Wilson is a doctoral candidate and Dr. Brodsky is Professor, Department of Psychology, The University of Alabama, Tuscaloosa, AL. Portions of these results were presented at the 2013 Conference of the American Psychology-Law Society (AP-LS) in Portland, OR, March 7–9, 2013.
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Stanley L. Brodsky
Dr. Parrott is Staff Psychologist, Taylor Hardin Secure Medical Facility, Tuscaloosa, AL. Dr. Neal is Assistant Professor, New College of Interdisciplinary Arts and Sciences, Arizona State University, Phoenix, AZ. Ms. Wilson is a doctoral candidate and Dr. Brodsky is Professor, Department of Psychology, The University of Alabama, Tuscaloosa, AL. Portions of these results were presented at the 2013 Conference of the American Psychology-Law Society (AP-LS) in Portland, OR, March 7–9, 2013.
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Article Figures & Data

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    Table 1

    Definitions and Examples of the Four Witness Credibility Model (WCM) Factors

    WCM Factor7DefinitionOperational Definition
    LikeabilityThe degree to which an expert is friendly, respectful, kind, well-mannered, and pleasant.10,17,23High likeability: consistent use of “we” or “us” when discussing members of the scientific community or humanity as a whole, moderate levels of smiling, modest statements and conclusions (e.g., “relatively certain” or “we do not know everything there is to know in psychology”), consistent eye contact with lawyer and jury, and informal speech (i.e., limited technical jargon and use of surnames of parties in the courtroom).10,17,23
    Low likeability: no use of “we” or “us”, no smiling, excessive statements of certainty of conclusions, inconsistent eye contact, use of highly technical jargon, and frequent formal references (e.g., “the client”, “the defendant”).10,17,23
    KnowledgeThe degree to which an expert is perceived to be well informed, competent, or perceptive and to possess or exhibit intelligence, insight, understanding, or expertise.10, Current StudyHigh knowledge: strong educational credentials (e.g., board certification, history of academic publication in case-relevant area of expertise (educated at Yale, American Board of Forensic Psychology certified, history of relevant publications), solid relevant clinical and research experience (researches risk assessment, has conducted over 100 clinical risk assessments over 14 years), consistent clarity and substantive content of communication, moderate assertiveness (e.g., “as far as I know I've never been wrong” when queried about awareness of clinician error), self-proclaimed expertise (e.g., “In my expert opinion…”), and demonstrates familiarity with the case (e.g., multiple interviews with the defendant).10, Current Study
    Low knowledge: no mention of educational credentials, minimal relevant experience (e.g., little experience or nonrelevant experience [two years as a psychotherapist and no previous risk assessment experience]), inconsistent clarity and substantive content of communication, low assertiveness (e.g., “no” when queried about awareness of clinician error), no self-proclaimed expertise, inadequate familiarity with the case (e.g., one short interview with the defendant the week the case went to trial).10, Current Study
    ConfidenceThe degree of demonstrable self-assurance expert witnesses have in their general ability on the stand.24Low confidence: quivering tone of voice, dysfluencies in speech, vacillating pace of speech, corrections, breaks in the flow of words, postural awkwardness, fixed eye contact, saying “you know” to seek assurance, asking for repetition of questions, and signs of anxiety and nervousness.24
    Medium confidence: moderate and stable tone of voice, clarity in speech, moderately paced speech, willingness to acknowledge a degree of certainty (“I am reasonably certain”), smooth narrative statements, good posture and straight back, comfort and poise, consistent eye contact, accurate hearing, and appropriate responses.24
    High confidence: loud and strong tone of voice, assertive speech and mannerisms, rapidly paced speech, always and all statements (“I am certain”), good posture/leaning forward, high fluency of speech.24
    TrustworthinessNot yet defined as part of the WCM.Has not yet been operationally defined within the WCM.
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    Table 2

    Conceptual Components of Knowledge in Previous research

    CharacteristicCitation
    Substantive content of communicationWare, Williams, 19753
    AssertivenessKern, 19822
    Clarity of communicationChampagne et al., 199125
    Educational credentialsChampagne et al., 199125
    Familiarity with the facts of the caseChampagne et al.,199125
    Relating testimony content to physical evidence and other witnessesChampagne et al., 199125
    Sufficient experience relevant to the content of the communicationBrodsky, 19914
    Testimony's consistency with common senseSundby, 199733
    Academic degrees obtained, positions held, populations evaluated or treated, professional certifications or licensure, board certification, membership in professional organizations, professional publications, prior court experience as an expert, and honors and awardsMelton et al. 200726
    Self-proclaimed credentialsLee, 20071
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    Table 3

    Means (and Standard Deviations) Defined by Expert Gender and Knowledge

    Dependent VariablesManipulation Check
    WCS trustworthinessWCS confidenceWCS likeabilityFuture violence likelihood*Sentencing decision†WCS knowledge
    High knowledge (n = 72)36.39 (10.04)39.18 (9.08)35.43 (8.55)77.08 (16.41)−0.20 (1.57)39.83 (8.53)
        Male expert (n = 35)35.97 (9.43)39.74 (8.63)36.83 (6.20)75.29 (18.13)−0.32 (1.82)39.97 (7.62)
        Female expert (n = 37)36.78 (10.71)38.65 (9.57)34.11 (10.21)78.78 (14.66)−.08 (1.32)39.69 (9.48)
    Low knowledge (n = 64)36.26 (8.27)38.02 (7.65)39.29 (8.15)74.80 (16.08)0.12 (1.52)35.97 (9.33)
        Male expert (n = 32)34.78 (9.30)37.38 (7.98)39.71 (8.96)75.41 (16.12)−0.29 (1.76)34.41 (10.62)
        Female expert (n = 32)37.63 (7.08)38.53 (7.49)38.84 (7.51)74.19 (16.28)0.53 (1.13)37.53 (7.70)
    Combined knowledge
        Male expert35.40 (9.32)38.61 (8.35)38.21 (7.72)75.34 (17.07)−0.31 (1.78)37.31 (9.52)
        Female expert37.21 (9.09)38.64 (8.55)36.36 (9.24)76.65 (15.49)−0.21 (1.26)38.68 (8.67)
    • WCS, Witness Credibility Scale factors.

    • ↵* Jurors' ratings of the percent chance that the defendant would engage in future violent acts (agreement with the expert's opinion of a high likelihood).

    • ↵† Negative scores denote higher likelihood of the death penalty, and positive scores denote higher likelihood of a life sentence without parole.

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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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Differences in Expert Witness Knowledge: Do Mock Jurors Notice and Does It Matter?
Caroline T. Parrott, Tess M. S. Neal, Jennifer K. Wilson, Stanley L. Brodsky
Journal of the American Academy of Psychiatry and the Law Online Mar 2015, 43 (1) 69-81;

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Differences in Expert Witness Knowledge: Do Mock Jurors Notice and Does It Matter?
Caroline T. Parrott, Tess M. S. Neal, Jennifer K. Wilson, Stanley L. Brodsky
Journal of the American Academy of Psychiatry and the Law Online Mar 2015, 43 (1) 69-81;
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