1995
DOI: 10.1037/1076-8971.1.2.323
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The expert as educator: Enhancing the rationality of verdicts in child sex abuse prosecutions.

Abstract: The authors discuss the role of expert witnesses in the context of conventional understandings of trials at common law. Controversies surrounding the expert's role turn primarily on whether the expert should educate fact finders, as lay witnesses are required to do, or instead should provide conclusions to which the fact finder simply defers. The authors observe that the likelihood of irrational verdicts increases the more fact finders defer to experts and that experts become advocates often enough to make def… Show more

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Cited by 5 publications
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“…Such is not particular to the taint hearing. Other hearings, well established in the judicial process, possess a similar interest in the state actor and procedures to which the witness is subjected rather than in the witness (see commentaries in this issue by Allen & Miller, 1995; Mason, 1995; McGough, 1995). For example, in cases of hypnotically refreshed recollections, several jurisdictions require a showing from the proponent of hypnotically refreshed testimony that the posthypnotic recollection was corroborated by disclosures predating the hypnotic session and that the session was electronically preserved to prove that the untainted disclosure really predated the use of hypnosis (e.g., State v. Hurd, 1981).…”
Section: Taint Hearingsmentioning
confidence: 99%
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“…Such is not particular to the taint hearing. Other hearings, well established in the judicial process, possess a similar interest in the state actor and procedures to which the witness is subjected rather than in the witness (see commentaries in this issue by Allen & Miller, 1995; Mason, 1995; McGough, 1995). For example, in cases of hypnotically refreshed recollections, several jurisdictions require a showing from the proponent of hypnotically refreshed testimony that the posthypnotic recollection was corroborated by disclosures predating the hypnotic session and that the session was electronically preserved to prove that the untainted disclosure really predated the use of hypnosis (e.g., State v. Hurd, 1981).…”
Section: Taint Hearingsmentioning
confidence: 99%
“…Finally, several commentators in this issue expressed concerns about the manner in which expertise is solicited and used by the courts (Allen & Miller, 1995; Fisher, 1995, this issue; Mason, 1995) and bemoaned an absence of a more effective method of eliciting information pertaining to the evaluation (as opposed to advocacy) of the social science literature. As Allen and Miller succinctly put it (p. 324): How are legal actors to take into account and judge wisely on the basis of information presented to them by those admittedly more knowledgeable in other fields?…”
Section: Life After Michaelsmentioning
confidence: 99%
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