A Précis of <i>the Art and Science of Expert Witness Testimony</i>: a Tribute to the Work and Ideas of Karen Postal

In this article, we present a summary of Dr. Karen Postal's life's work on communication in neuropsychological testimony. Her central thesis was that providing effective testimony as a neuropsychological expert requires one to step outside of the traditional academic communication style to which we are accustomed. In her books, The Art and Science of Expert Witness Testimony (2022) and Testimony that Sticks (2019), Karen Postal described foundational principles she called "disruptive shifts," which she saw as the basis from which experts can develop credible and masterful testimony. These shifts begin with the fundamental and somewhat counterintuitive idea that the juror has the hardest job in the courtroom and it is our job as experts to create a direct, dynamic, and unique relationship with each juror. The article then focuses on ways to ensure jurors understand our testimony, including using good metaphors and analogies, showing visuals, avoiding jargon, and speaking in a way that conveys common sense. As Dr. Postal argued, following these principles will serve to establish, and ultimately bolster our credibility as experts with the people who have the most critical job in the courtroom. Finally, we discuss how these shifts can help us handle cross examination in a way that maintains the credibility we establish. The article concludes with a discussion of how mentorship, an incredibly important part of Dr. Postal's work, is of utmost value when embarking in the field of forensic neuropsychology.

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Publication Details

Journal
Archives of Clinical Neuropsychology
Published
2024-11-19
DOI
https://doi.org/10.1093/arclin/acae088
Primary Topic
Traumatic Brain Injury Research
Type
article
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article

A Précis of the Art and Science of Expert Witness Testimony: a Tribute to the Work and Ideas of Karen Postal

Nancy Hebben, Elizabeth C. Leritz
Archives of Clinical Neuropsychology
Traumatic Brain Injury Research
article

A Précis of the Art and Science of Expert Witness Testimony: a Tribute to the Work and Ideas of Karen Postal

Nancy Hebben, Elizabeth C. Leritz
article en

Abstract

In this article, we present a summary of Dr. Karen Postal's life's work on communication in neuropsychological testimony. Her central thesis was that providing effective testimony as a neuropsychological expert requires one to step outside of the traditional academic communication style to which we are accustomed. In her books, The Art and Science of Expert Witness Testimony (2022) and Testimony that Sticks (2019), Karen Postal described foundational principles she called "disruptive shifts," which she saw as the basis from which experts can develop credible and masterful testimony. These shifts begin with the fundamental and somewhat counterintuitive idea that the juror has the hardest job in the courtroom and it is our job as experts to create a direct, dynamic, and unique relationship with each juror. The article then focuses on ways to ensure jurors understand our testimony, including using good metaphors and analogies, showing visuals, avoiding jargon, and speaking in a way that conveys common sense. As Dr. Postal argued, following these principles will serve to establish, and ultimately bolster our credibility as experts with the people who have the most critical job in the courtroom. Finally, we discuss how these shifts can help us handle cross examination in a way that maintains the credibility we establish. The article concludes with a discussion of how mentorship, an incredibly important part of Dr. Postal's work, is of utmost value when embarking in the field of forensic neuropsychology.

Archives of Clinical NeuropsychologyVol. 40(2)
Cambridge Health Alliance (US), Harvard University (US), VA Boston Healthcare System (US), Independent Sector (US)
Peace, Justice and strong institutions
Openalex Percentile: Top 69%
Traumatic Brain Injury Research
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A Précis of <i>the Art and Science of Expert Witness Testimony</i>: a Tribute to the Work and Ideas of Karen Postal — Nancy Hebben, Elizabeth C. Leritz · Archives of Clinical Neuropsychology (2024) | TGRS Research Map | TGRS