ABSTRACT

The Art and Science of Expert Witness Testimony shares the fruits of a multiyear research project with in-depth interviews of attorneys, judges, and seasoned forensic experts from multiple disciplines including neurology, psychiatry, orthopedics, neuropsychology, economics, history, and psychology. The book weaves together practical insights and advice from the multiple courtroom stakeholders with applied neuroscience, linguistics, and sociology literature, highlighting and offering bridges for the areas where the communication needs and expectations of the courtroom collide with expert witness’ communication habits developed over years of academic and professional training. This chapter makes the argument for viewing expert witness credibility as both “person-centered,” that is, whether the expert explaining the methods is credible, in addition to “methods centered,” whether the methods the expert uses to form opinions are credible. Throughout the chapter we look at ways that expert witnesses raise person-centered credibility during a trial by disrupting inaccessible communication habits, putting in the necessary hard work to have command of the details of the case, showing we are human, showing empathy, and not being arrogant while testifying. All of these qualities signal our willingness to engage with jurors as equals, in a respectful dialogue.