Presentation of the seminal pieces of research relevant to the case as presented in court. Demonstrate your critical understanding of the language used in court and the impact on the defendants and witnesses. In addition, show your critical understanding of the psychological underpinnings of credibility and use these to draw out the impact on the jury for the various characters as presented in the videoed case.
Demonstrate evidence presentation as a forensic psychologist. Use I and not the 3rd person. Ensure that each of your points is defensible, i.e. supported by appropriate and critically evaluated literature and ensure that your tone is professional.
1. I am your full name. My specialist field is your specialist field and give a short summary of the most important qualifications and experience relevant to the case. No more than three lines.
Full details of my qualifications and experience entitling me to give expert opinion evidence are in appendix 1. It is necessary to have these full details as you may be cross- examined on them.
1.02 Summary background of the case (350 words)
The case concerns give a short outline of the case. There is a chronology of the key events in appendix 7. I have been instructed to say briefly what you have been asked to do.
1.03 Summary of my conclusions (300 words)
This report will show that in my professional opinion give your conclusion. It is good practice to put an executive summary at the beginning so that the reader knows the direction of your analysis.
1.04 Those involved
Those involved in the case are as follows:
List the people and organisations you refer to in your report with a short description of each. This can be very useful for a judge.
Running Header
1.05 Technical terms and explanations
I have indicated any technical terms in bold type. I have defined these terms when first used and included them in a glossary in appendix 8. I have also included in appendix 5 extracts of published works I refer to in my report. Criminal experts (R v Bowman para 177) and in appendix 6 there are diagrams and photographs to assist in the understanding of the case.
2 The issues to be addressed and a statement of instructions
2.01 Give a statement setting out the substance of all material instructions (whether written or oral) including the questions on which your opinion is sought, the materials provided and considered, and the documents, statements, evidence, information or assumptions which are material to your opinion(s).
The statement must summarise the facts and instructions given to you which are material to the opinions expressed in you report or upon which these opinions are based. Remember section 3 will give you details of your investigation of the facts. You should make it clear when a particular question or issue falls outside your expertise.
2.02 The purpose of the report.
2.03 Set out the issues you will address in your report. Number each issue as you will refer to each in your opinion in paragraph 4. Do not give your opinion here. The instructions should be set out verbatim from the letter of instruction.
Running Header
3 My investigation of the facts
This section establishes the foundation of fact upon which you will base your opinion. The starting point is “I do not know, but let me see what the facts are”. Set out the facts of the case as you see them. Identify the source of these facts. You must distinguish fact from opinion. Also distinguish facts you have been told and those you personally observed. This paragraph is purely factual.
3.01 Assumed facts
Where there are competing factual explanations you should indicate how each version of events would impact upon your opinion as it is the court’s role to determine any factual disputes.
Running Header
4 My opinion (2200 words)
Take only two witness and write the use of language in the court by the barristers and the impact this language use has on the credibility of the witnesses". You are expected to offer your opinions, but these must be supported by theoretical or empirical evidence. The report must refer to specific sections of the videos
You should not omit to consider material facts which could detract from your concluded opinion. If your opinion is not properly researched because you consider that insufficient data is available then this must be stated with an indication that the opinion is no more than a provisional one.
Go through each issue identified in paragraph 2, link these to the facts from paragraph 3 and then give your reasoned argument for the opinion you come to.
Facts, analysis then argued conclusion. It is useful to use the word “because...” to identify the reasons why you have come to your opinion. Let the judge make the decision; just give your professional opinion. Do not give a legal opinion.
Where there is a range of opinion on the matters dealt with in your report:
i.summarise the range of opinion, and
ii.give your reasons
If there is a range of opinions based on published sources, these should be explained and the expert should indicate how they differ from those opinions. If the opinions are not published, experts may need to explain what they believe to be the range of other experts and make it clear that the range they summarise is based on their own judgment and the basis of that judgment.