Effective Collaboration Between Prosecutors and Mental Health Expert Witnesses (Part 1)

While attorneys and law enforcement play principal roles in the effective prosecution of child abuse cases, utilizing an expert witness in the area of mental health to articulate the nuances of child abuse dynamics and educate the jury on these matters can enhance the prosecution’s case. However, many mental health professionals dread the possibility of testifying in court. Prosecutors struggle to communicate their adversarial position and to constructively utilize an expert in an area where they do not have a foundational education. And the prosecution rarely knows the defense’s precise area of attack before trial. Through collaboration, both professionals can come to an understanding of the goals of testimony, the applicable area of study, and the ethical boundaries of their professions to make testifying an enjoyable, effective tool in the courtroom. In Part-One, we will discuss the preparation process—both pre- and mid-trial— and review how we build communication so both professionals feel confident in their roles. In Part -Two, we provide a live demonstration of the preparation and testimony, including questioning by the prosecution and cross-examination by the defense.