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Fact and Expert Witnesses

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All witnesses are not equal. There are significant differences between a fact witness and an expert witness, and the preparation of each for testimony requires different strategies. Fact witnesses can testify only to what they know directly, whereas expert witnesses can testify not only to their areas of expertise, but also to information gathered from other sources, often referred to as hearsay evidence. Thus, expert witnesses usually have greater latitude with what they are allowed to testify to, as well as how to use their testimony.

As a forensic psychology professional working with the courts, you may be asked to testify in capacities that include, but are not limited to, testifying as an expert or a fact witness, even when you have had direct professional contact with an individual involved in the case. You also are likely to be asked to prepare a fact witness to testify before trial. Conveying elements of effective testimony that are specific to fact witnesses is an essential aspect of the forensic psychology professional's role in preparing witnesses.

Analyze and explain the two similarities and two differences between preparing fact witnesses versus expert witnesses that you selected.
Explain insights or conclusions you have as result of doing this comparison.
Analyze and explain how you would prepare the witness in the vignette for testimony and why you would do it in that way.

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The solution provides information, assistance and advise in tackling the case (see above) on the topic of fact vs. expert witnesses. Resources are listed for further exploration of the topic.

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Fact Witnesses versus Expert Witnesses

Witnesses are essential in ascertaining important details that decide the outcome of a case. Case outcomes impact the lives of those involved, affecting them in the short or the long term for both good or bad. There are 2 types of witnesses, an expert witness whose testimony is called upon because of his/her knowledge or skills relevant to the case. The other one is a fact witness who according to US Legal (2015), "is a person with knowledge about what happened in a particular case, who testifies in the case about what happened or what the facts are. Fact witness testimony consists of the recitation of facts and/or events as opposed to an expert witness, whose testimony consists of the presentation of an opinion, a diagnosis, etc." What is important for forensic psychologists to recall about expert witnesses is shared by the Psychological Center for Expert Evaluations (2015) as follows, "Expert witnesses offer opinions, unlike a fact witness, that ...

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Xenia Rochelle Jones, MA, PhD (IP)
Education
  • MPhil/PhD (IP), Open University, Milton Keynes, UK
  • MA, Open University, Milton Keynes, UK
  • Certificate, Geva Ulpan (via Universita Tel Aviv)
  • BA, University of the Philippines
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