Expert Witness Forensic Psychologist | Non-Testifying Role

The Crucial Contribution of Non-Testifying Forensic Psychology Consultants

In legal settings, forensic psychologists play crucial roles that include conducting court-ordered evaluations or giving testimony as expert witnesses. These roles come with distinct responsibilities that follow strict ethical guidelines. Apart from these well-known roles, there is a lesser-known but equally important position that forensic psychologists can assume: the non-testifying consultant, also known as the behind-the-scenes expert. This position allows psychologists to assist attorneys with advocacy and case strategy in ways that they cannot when serving as testifying experts.

Why would an attorney need a forensic consultation?

The field of forensic psychology has made significant progress in improving the quality of evaluations and testimonies. However, there is a shortage of skilled psychologists with adequate forensic experience. Despite this, some psychologists without the necessary experience still practice in forensic settings. It is crucial to understand the significant differences between clinical psychology and forensic psychology practice. For attorneys, identifying poorly conducted evaluations can be challenging, and overlooking inaccuracies or lack of expertise can negatively affect their client's rights and case outcomes. Therefore, in cases where psychological factors play a crucial role, it's essential to engage an expert in either a testifying or consultative capacity to ensure robust representation. Here are some benefits that attorneys can gain from engaging a non-testifying consultant for their case. It's worth noting that many of these services are only appropriate when the expert is defined as a non-testifying consultant early in the case.

  1. Expert Witness Selection and Preparation: Consultants can offer guidance in the selection of other expert witnesses leveraging their specialized knowledge in the field. They also lend their expertise in priming these experts for trial.

  2. Trial Strategy Formulation: Their deep-seated understanding of psychological principles and their applications enable consultants to contribute significantly to the development of a compelling case strategy.

  3. Jury Selection Advice: They can assist attorneys in jury selection, providing psychological insights that could be instrumental in the assembly of a fair and impartial jury.

  4. Review of Opposing Experts' Data: Consultants can scrutinize testing and interview data gathered by opposing experts, delivering critiques and counter-arguments based on their professional expertise.

  5. Cross-examination Question Formulation: They can aid in preparing questions for the cross-examination of opposing experts, aiming at potential weaknesses in their testimonies.

  6. Document Review: Non-testifying consultants can perform detailed reviews and analyses of case-related documents, using their specialized knowledge to uncover aspects that might be overlooked in a typical attorney review. This often undervalued service can significantly influence the case strategy and its final verdict. They can also offer valuable insights into how these documents should be best presented during the trial.

  7. Attorney Education: Consultants can enlighten and train the attorney about psychology, psychopathology, or testing, providing them with a more robust foundation for their case arguments.

  8. Trial Exhibit Preparation: Consultants can help prepare exhibits for the trial, integrating psychological theories or data in an effective manner.

  9. Opposing Party Behavior Analysis: They can provide potential explanations for the behaviors of the opposing party, such as the defendant, rooted in psychological theories and research.

Boundaries and Ethics

At Dr. Long and Associates, we emphasize the importance of the complex but vital process of role clarification and selection when employing a non-testifying forensic psychology consultant. This process ensures alignment with legal and ethical standards, while also protecting privilege and work product. Too often, we've seen legal proceedings compromised by experts who lack a full understanding of these complexities. Awareness and proper adherence to these principles can prevent breaches of privilege and uphold case integrity. Despite the strategic flexibility afforded in the role of a non-testifying consultant, it's crucial to remember that a forensic psychologist remains bound by the ethical principles of their profession. They can assist in developing a robust case strategy, but they cannot distort or manipulate psychological facts or theories to favor one side. They must maintain their professional integrity, objectivity, and respect for the rights and dignity of all involved. Thus, our nuanced approach, explained further in our consultations, exceeds what a standard blog post can convey. By engaging with our experienced consultants, attorneys ensure productive collaboration, meeting the demands of legal proceedings while honoring the intricate guidelines of the psychological profession, and safeguarding ethical soundness.

DR. LISA LONG: EXPERT WITNESS AND CONSULTING FORENSIC PSYCHOLOGIST

Here at Dr. Long and Associates, we recognize the intricate nature of offering forensic consultation services. Our team consists of proficient and knowledgeable specialists, who uphold rigorous standards of professionalism and ethical behavior in all our dealings. When it comes to client requests for forensic consultation, we only present Dr. Lisa Long as our expert - and here's why.

Dr. Long is licensed to practice in Georgia, North Carolina, and South Carolina and is also a member of Psypact. Following her fellowship, she served as a head psychologist at a state hospital and completed hundreds of competency evaluations. As the chief forensic psychologist at a maximum-security forensic hospital, she traveled extensively across Georgia, offering testimony on psycholegal matters. George Washington University Medical Faculty Associates recruited her to serve as the head of Psychology at Camp As-Sayliyah in Doha, Qatar during her time with the Department of Defense. There, she conducted numerous evaluations such as Command Directed Mental Health Evaluations, Fitness for Duty Evaluations, Mental Status and Line of Duty Evaluations, Security Clearance Evaluations, Crisis Response, and comprehensive psychological assessments. This work, along with her continued passion for cultural competence, gave Dr. Long a deep understanding of mental health issues affecting diverse populations.

Her dedication to the field led her to the RAF Croughton 422 Medical Squadron in the United Kingdom, where she continued to work in assessment and therapeutic positions. Dr. Long often handled cases regarding Court Martial, Military Discharge, and Risk Assessments. Her practical experience is extensive, having conducted evaluations and delivered expert testimony for individuals with severe and persistent mental health disorders. She has provided expert testimony for inpatient civil commitments, issues of competency/criminal responsibility, and performed risk and violence risk assessments and psychosexual evaluations. She has had specialized training on forensic tests designed specifically for sex offenders and individuals with histories of legal involvement. Dr. Long routinely performs evaluations for immigration purposes and has testified in federal courts on such matters.

As part of her private practice, she is frequently hired by DSS, CPS, and the DOJ for particularly challenging cases. She has completed over 100 evaluations relating to parental fitness and capacity. This specialized skill set in forensic family law evaluations is crucial in cases involving child custody, visitation, and other family law issues. Her proficiency in these assessments showcases her understanding of the connection between psychology and the law in family matters.

Dr. Long's past experiences as a teaching assistant and research assistant provided her with in-depth knowledge about test construction, research methodologies, and statistical analyses. Dr. Long stays up to date with the research to ensure tests are given in a standardized manner in our practice, which also supports her ability to recognize when such standards have not been followed. This gives her an edge in reviewing, understanding, and conducting psychological research, a crucial aspect in her role as a psycho-legal consultant.

Dr. Long's broad range of experiences and skills make her an exceptional psycho-legal consultant for various aspects of forensic psychology. Her proficiency in areas such as parental capacity and custody evaluations, immigration issues, forensic psychological evaluations, and neuropsychological evaluations allows her to offer efficient and thorough consultation services.

Navigating the intricate legal landscape often calls for a diverse array of expert perspectives to obtain a thorough understanding of the case at hand. As a legal professional, partnering with a forensic psychologist such as Dr. Lisa Long can provide valuable clarity on complex psychological matters, allowing you to develop a well-grounded case strategy based on expert insight.