Communicating forensic opinions - expert testimony and report writing

Question 1

Bruce v. Byrne - Stevens & Assocs Engineers

Answer 1

The mere fact that witness immunity prevented the plaintiff is retained and compensated by a party does not change the fact that, as a witness, he is a participant in a judicial proceeding. It is the state on which the judicial immunity rests.

Question 2

Budwin v. American Psychological Association

Answer 2

-if an expert witness makes a mistake in their opinion (as long as it was a genuine mistake/not intentional), you can’t be sued. Immunity. Not offering immunity to expert witnesses would likely compromise the quality of testimony and encourage self-censorship in answers.

Question 3

Murphy v. A.A. Matthews

Answer 3

Witness immunity does not apply to proven cases of negligence in Missouri and a witness can be sued.

Question 4

Jenkins v. US

Answer 4

The D.C. Circuit reversed the conviction and remanded for a new trial. On the issue of psychologists’ expert testimony, the court stated that some psychologists are qualified to render expert testimony on mental disorders. The court further stated that the determination of a psychologist’s competence to render an expert opinion based on his findings as to the presence or absence of mental disease or defect must depend upon the nature and extent of his knowledge and not simply on the claim to the title “psychologist.”