This study examined how manipulations of likeability and knowledge affected mock jurors’ perceptions of female and male expert witness credibility (N=290). Our findings extend the person perception literature by demonstrating how warmth and competence overlap with existing conceptions of likeability and credibility in the psycholegal domain. We found experts high in likeability and/or knowledge were perceived equally positively regardless of gender in a death penalty sentencing context. Gender differences emerged when the expert was low in likeability and/or knowledge; in these conditions the male expert was perceived more positively than the comparable female expert. Although intermediate judgments (e.g., perceptions of credibility) were affected by our manipulations, ultimate decisions (e.g., sentencing) were not. Implications for theory and practice are discussed.

Despite advances in the scientific methodology of witness testimony research, no sound measure currently exists to evaluate perceptions of testimony skills. Drawing on self-efficacy and witness preparation research, the present study describes development of the Observed Witness Efficacy Scale (OWES). Factor analyses of a mock jury sample yielded a two-factor structure (Poise and Communication Style) consistent with previous research on witness self-ratings of testimony delivery skills. OWES subscales showed differential patterns of association with witness credibility, witness believability, agreement with the witness, and verdict decision. Juror gender moderated the impact of Communication Style, but not Poise, on belief of and agreement with the witness. Results are discussed with attention to application of the OWES to witness research and preparation training.

Prompted by the involvement of psychologists in torturous interrogations at Guantanamo and Abu Ghraib, the American Psychological Association (APA) revised its Ethics Code Standard 1.02 to prohibit psychologists from engaging in activities that would “justify or defend violating human rights.” The revision to Standard 1.02 followed APA policy statements condemning torture and prohibiting psychologists’ involvement in such activities that constitute a violation of human rights (APA, 2010). Cogent questions have subsequently been raised about the involvement of psychologists in other activities that could arguably lead to human rights violations, even if the activity in question is legal. While this language was designed to be expansive in defining psychologists’ ethical responsibilities, it remains difficult to determine whether and how Standard 1.02 might apply to a particular situation.

In the present analysis, we focus on the question of whether psychologists should be involved in death penalty cases. We assert that the APA should not take an ethical stand against psychologists’ participation in death penalty cases. Our position is not intended necessarily to reflect approval or disapproval of the death penalty although we recognize that there are serious flaws in the American legal system with regard to capital punishment. Our perspective is that psychologists have an important role in the administration of due process in capital cases. We oppose a bright-line rule prohibiting psychologists’ involvement in death penalty cases for several reasons. We begin by considering whether the death penalty per se constitutes a human rights violation, move on to describe the basic functioning of the legal system, analyze how the involvement of psychologists actually affects the capital trial process, and end with providing practical advice for psychologists’ provision of ethical services in capital trials.

This report integrated quantitative and qualitative methods across two studies to compile descriptive information about forensic psychologists’ occupational socialization processes. We also explored the relation between occupational socialization and forensic psychologists’ objectivity. After interviewing 20 board-certified forensic psychologists, we surveyed 334 forensic psychologists about their socialization into the field. Results indicated that the occupational socialization processes of forensic psychologists, including socialization about objectivity, varied widely across time and situation as the field has developed. Moreover, three hypotheses regarding occupational socialization were supported. It was positively and significantly associated with years of experience, t(284) = 3.63, p < 0.001, 95% CI = 0.05 – 0.16; belief in one’s ability to be objective, t(296) = 9.90, p < 0.001, 95% CI = 0.69 – 1.03; and endorsement of the usefulness of various bias correction strategies, r = 0.38 (p < .001, one-tailed). The implications of these results and directions for future research are discussed.

This survey of 206 forensic psychologists tested the “filtering” effects of preexisting expert attitudes in adversarial proceedings. Results confirmed the hypothesis that evaluator attitudes toward capital punishment influence willingness to accept capital case referrals from particular adversarial parties. Stronger death penalty opposition was associated with higher willingness to conduct evaluations for the defense and higher likelihood of rejecting referrals from all sources Conversely, stronger support was associated with higher willingness to be involved in capital cases generally, regardless of referral source. The findings raise the specter of skewed evaluator involvement in capital evaluations, where evaluators willing to do capital casework may have stronger capital punishment support than evaluators who opt out, and evaluators with strong opposition may work selectively for the defense. The results may provide a partial explanation for the “allegiance effect” in adversarial legal settings such that preexisting attitudes may contribute to partisan participation through a self-selection process.

The essential tasks for an expert witness are to be prepared, to be effective and credible on the stand, and to manage well the demands of cross-examinations. Most novice experts are excessively anxious about their testimony. Effective experts are well-oriented to the legal and scientific context of court testimony. This chapter reviews research-backed tips for preparing for expert testimony.

The effect of eye contact on credibility was examined via a 3 (low, medium, high eye contact) x 2 (male, female) between-groups design with 232 undergraduate participants. A trial transcript excerpt about a defendant’s recidivism likelihood was utilized as the experts’ script. A main effect was found: experts with high eye contact had higher credibility ratings than in the medium and low conditions. Although a confound precluded comparisons between the genders, results indicated that males with high eye contact were more credible than males with medium or low eye contact. The female experts’ credibility wasn’t significantly different regardless of eye contact. Eye contact may be especially important for males: male experts should maintain eye contact for maximum credibility.

Self-Efficacy Theory (SET; Bandura, 1986, 2000) has generated research and practice ramifications across areas of psychology. However, self-efficacy has yet to be assessed in a legal context. The present paper juxtaposes self-efficacy with self-confidence in terms of theoretical foundations and practical implications, with attention to the area of witness testimony. It is concluded that the concept of witness self-efficacy possesses thorough theoretical grounding as a potential target for witness preparation. As such, we put forth an integrated model of witness preparation featuring self-efficacy bolstering techniques within an established witness training framework.

Prisoners sentenced to death must be competent for execution before they can actually be executed (Ford v. Wainwright, 1986). The decision for many mental health professionals whether to conduct competence for execution evaluations may be fraught with complex ethical issues. Mental health professionals who do not personally support capital punishment may have a particularly difficult decision to make in this regard but should seriously consider the consequences of their decisions. This article applies Bush, Connell, and Denney’s (2006) eight-step ethical decision-making model to the ethicality of deciding to or abstaining from conducting competence for execution evaluations. This article does not propose what decisions an individual evaluator should make regarding this work, but rather presents a systematic guide for mental health professionals (particularly those who do not support capital punishment) to consider.

Despite the application of Self-Efficacy Theory (Bandura, 1977, 2000) to many areas of psychology, there is a lack of research on self-efficacy in the ability to testify in court. The present study fills this gap by incrementally developing the construct of Witness Self-Efficacy and establishing its psychometric properties. Study I featured exploratory and confirmatory factor analyses yielding a two-factor Witness Self-Efficacy Scale (WSES). The two components are Poise and Communication Style. Study II used a second data collection to show that both WSES domains possess convergent, divergent, and predictive validity relations consistent with those expected using an SET framework. Notably, WSES components predicted perceptions of witness credibility and sentencing outcomes above and beyond witness extraversion, general self-efficacy and general self-confidence. Implications for SET and witness preparation training are discussed.