Deck 3: Expert Testimony and the Role of an Expert

Question 1

The dominant standard for the admissibility of scientific evidence for 70 years under Frye was _______________.

A) a falsifiable theory
B) known or potential error rate
C) a reasonable degree of certainty
D) general acceptance by the scientific community

Answer 1

general acceptance by the scientific community

Question 2

_____________ critiqued early attempts by psychologists to apply psychology to the legal system.

A) John Johnson
B) Hugo Munsterberg
C) Dean John Wigmore
D) Judge David Bazelon

Answer 2

Dean John Wigmore

Question 3

A survey of attorneys found that the majority chose a forensic psychologist because of their ______________.

A) price and expertise
B) political and moral beliefs
C) knowledge, ability to communicate, and overall reputation
D) willingness to testify in a case as the attorney recommended

Answer 3

knowledge, ability to communicate, and overall reputation

Question 4

Ethics relating to financial arrangements usually encourage psychologists to ___________.

A) avoid exorbitantly high fees
B) take on pro bono cases
C) avoid billing on an hourly basis
D) require payment in advance of providing services

Question 5

Asking an expert to take a reference to a psychological test out of a report because it will harm the defendant's case is an example of which potential source of bias?

A) Notoriety
B) Attorney pressure
C) Financial incentives
D) Extra-forensic relationship

Question 6

One problem with the increasing introduction of syndrome evidence is that _____________.

A) courts are treating it as junk science
B) there are very few syndromes that can be identified
C) the empirical evidence supporting their use is overwhelming
D) it is being used as substantive evidence to prove the legal issue before the court

Question 7

The real danger in all the different potential sources of bias is that ___________.

A) there are no legal sanctions
B) experts fail to recognize the sources of bias
C) there are different ethics for psychologists and attorneys
D) graduate programs fail to train psychologists in regard to these issues

Question 8

One of the major problems identified in the text with the use of judicial instructions to challenge expert testimony is that _______________________.

A) the use is barred in federal court
B) jurors have difficulty understanding them
C) judges are not perceived as credible sources of scientific knowledge
D) they actually increase the attention jurors pay to the improper testimony

Question 9

Many scholars suggested that concern over ____________________ was part of the impetus for the Daubert decision.

A) the admission of junk science
B) the reduction in the power of judges
C) the complete ban of psychological evidence
D) the lack of expert witnesses in complicated cases

Question 10

Which of the following is an example of ultimate issues testimony?

A) stating that a defendant's risk to reoffend is high
B) stating that a defendant is incompetent to stand trial
C) stating that a defendant is mentally ill and dangerous
D) stating that a defendant's ability to control their impulses was impaired

Question 11

Which one of APA's Ethical Principles 2002) best relates to our notion of scope of practice?

A) Competence
B) Confidentiality
C) Informed consent
D) Training

Question 12

Which statement best characterizes the impact of expert testimony on mock jury verdicts?

A) Experts have very little impact on the decisions of juries
B) Expert testimony has a profound impact on the final decisions of juries
C) Expert testimony has a modest impact across different types of cases
D) Expert testimony is more influential in cases with less complex evidence

Question 13

Evidence that is useful in addressing an issue before a court of law is referred to as __________________.

A) reliable
B) probative
C) non-prejudicial
D) generally accepted

Question 14

Under the Daubert standard, what are the criteria that must be evaluated by the judge?

A) Reliability, testable theory or technique, legal sufficiency, lack of bias
B) Validity, legal sufficiency, relevance, general acceptance
C) Reliability, validity, general acceptance in the scientific community, known error rate
D) General acceptance, known error rate, peer review, testable theory or technique

Question 15

Psychologists may not be able to reasonably avoid a multiple relationship if they _____________.

A) are routinely retained by either side
B) are the only psychologist in that geographic area
C) are already providing therapy to a client who becomes involved in a custody dispute
D) are asked by an attorney to conduct an evaluation on a person and treat them simultaneously

Question 16

Which statement best characterizes the findings by Groscup et al. 2002) about the impact of Daubert on the admissibility of expert evidence?

A) It increased the likelihood that poor science was admitted into the courts
B) It did not have a significant impact on the admissibility rates of expert testimony
C) Courts made drastic changes in their scrutiny of scientific evidence significantly diminishing the admission of junk science
D) Although less time was spent on examining the qualifications of experts, more time was spent on examining the scientific merit of their methods

Question 17

______________ ruled that Daubert applied to technical and specialized knowledge, not just scientific expert testimony.

A) Jenkins v. United States
B) General Electric Co. v. Joiner
C) Kuhmo Tire Co., Ltd. v. Carmichael
D) Daubert v. Merrell Dow Pharmaceuticals

Question 18

Research examining the influence of ultimate issues testimony on juries has found

A) ultimate issue testimony is never allowed in court.
B) ultimate issue testimony leads to incorrect jury decisions.
C) ultimate issue testimony leads to longer jury deliberations.
D) ultimate issue testimony does not overly bias jury decisions.

Question 19

Which challenge to expert testimony appears to be the most effective?

A) Cross-examination
B) Judicial instructions
C) Employing an opposing expert
D) Identifying the qualifications of the expert

Question 20

Which of the following was not an empirically supported factor that influenced the credibility of expert witnesses?

A) Professional appearance
B) Testifying for only the defense
C) Offering your testimony for free
D) Actively practicing in your discipline

Question 21

Explain each case in the Daubert Trilogy and their contributions to the procedures concerning the admissibility of modern expert testimony.

Question 22

____________ ruled that appellate courts should not second-guess a trial judge's decision to exclude expert testimony.

A) Daubert v. Merrell Dow
B) General Electric Company v. Joiner
C) Kumho Tire Co. v. Carmichael
D) Jenkins v. United States

Question 23

An expert that explains the findings of a study on eyewitness identification then relates it back to the current case in which he is testifying for has used __________.

A) valid research
B) an educational function
C) an evaluative approach
D) a relevant testimony approach

Question 24

In a survey of 160 different published cases, Edens and colleagues 2012) found _______________ was the most frequent bias leveled at forensic psychologists.

A) being for sale
B) dual relationships
C) corrupting science
D) delivering ultimate issue testimony

Question 25

Which of the following are not one of the 4 Cs identified by Kwartner and Boccaccini 2008)?

A) Clarity
B) Certainty
C) Case-specificity
D) Client knowledge

Question 26

Why are the APA ethical guidelines especially relevant for forensic psychologists that give expert testimony?

Question 27

What percentage of evidence offered in court is likely both probative and prejudicial?

A) 0%
B) 33%
C) 66%
D) 100%

Question 28

All of the following are drawbacks of using an opposing expert, except _________.

A) criticism of both experts
B) increasing the cost of the trial
C) confusing the judge and the jury
D) discrediting another expert witness

Question 29

Why was the decision in Jenkins v. United States 1962) extremely significant for forensic psychology?

Question 30

The purpose of a forensic psychologist acting as an expert witness is to _____________.

A) emotionally support the client
B) make a legal decision for the court
C) assist the court’s decision-making
D) add credibility to the legal proceedings

Question 31

The jury is likely to give less credit to an expert that is paid because the expert can be seen as ______________.

A) a hired gun
B) an opposing expert
C) knowing the defendant
D) presenting junk science

Question 32

What are some of the potential sources of bias for expert witnesses?

Question 33

Syndrome evidence has been used in the legal system for decades and is largely based on ____________.

A) a diagnostic tool
B) profiling
C) extensive research
D) clinical experience

Question 34

An ethical forensic psychologist that provides expert testimony receives payment for his ___________.

A) time
B) testimony
C) reputation
D) conclusion

Question 35

What is the difference between substantive evidence and character evidence?