1. + Noël Bridget Busch-Armendariz, PhD, LMSW, MPA Associate Professor & Director The University of Texas at Austin, School of Social Work Institute on Domestic Violence & Sexual Assault Melissa Hamilton, JD, PhD Visiting Assistant Professor of Law, University of Houston Law Center Expert Witnesses in Domestic Violence Trials First Annual Williamson County Domestic Assault Response Team (DART) Conference May 16, 2013

2. + Cases and Circumstances for Expert Involvement Expert Witnesses in Domestic Violence Trials Criminal Cases (Prosecution and Defense) e.g., murder, drug possession, battery; duress, self-defense Civil & Tort cases e.g., custody, divorce, property, personal injury Parole HearingsImmigration CasesLegislative CommitteesLicensing Boards

3. + To inform trier of fact, often involving  Contextualizing physical, emotional, and mental abuse  The various impacts upon the beliefs, perceptions, and behavior of victims  The common strategies and value systems of batterers Educate on another issue not fully understood and relevant to the case To provide an unbiased, informed, professional opinion Consideration of all evidence Triangulate information Expert Witnesses in Domestic Violence Trials The Role of Experts

4. + My Cousin Vinny Expert Witnesses in Domestic Violence Trials

5. + “If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education may testify thereto in the form of an opinion or otherwise.” Expert Witnesses in Domestic Violence Trials Texas Rule of Evidence 702 The Judge as Gatekeeper

6. + Qualification ReliabilityRelevance Expert Witnesses in Domestic Violence Trials Daubert / Robinson / Kelly: Threshold Requirements of Admissibility of Expert Opinion

7. + Testability of the theory Peer review and publication Potential rate of error Ability to control the theory’s operation Extent to which the underlying scientific theory or technique are accepted as valid by the relevant scientific community Whether the technique relies upon the expert’s subjective interpretation Non-judicial uses of the theory Similar intellectual rigor in court Expert Witnesses in Domestic Violence Trials Nonexclusive Factors of Reliability

8. + Existence of literature supporting or rejecting the underlying scientific theory Alternative explanations accounted for Availability of other experts to test and evaluate the technique The clarity with which the underlying scientific theory and technique can be explained to the court Qualifications of the expert testifying The experience and skill of the person who applied the technique on the occasion in question Expert Witnesses in Domestic Violence Trials Nonexclusive Factors of Reliability

9. + Your TRAINING Your EXPERTISE The theory or issue underlying the testimony There must be a “fit” between your background and your testimony Expert Witnesses in Domestic Violence Trials

10. + Ph.Ds M.Ds Degreed & licensed counselors Therapists Advocates Shelter employees Police EducationalExperiential Expert Witnesses in Domestic Violence Trials Background of Experts

11. + Reasons she stays &/or returns  Internal & external constraints Recantation/denial/ minimization Practices of batterers  Power & control  Masculinities Role of drugs & alcohol Submission as strategic Non-resistance in the form of learned helplessness Diminished capacity of victims The “syndrome” Expert Witnesses in Domestic Violence Trials One Study’s Results on Expert Testimony Most CommonOccasional

12. + Abuser v. Victim Is it mutual battering or self-defense? The “victim” sometimes acts strategically, which may confuse issues of power Observing cumulative v. discrete Expert Witnesses in Domestic Violence Trials The Myth of Dichotomization

13. + Terminology and Definitions: Consider the Words you Choose Expert Witnesses in Domestic Violence Trials “Domestic Violence”“Intimate Terrorism”“Battered Woman’s Syndrome”“Victim” or “Survivor”Male Privilege

14. + Expert Witnesses in Domestic Violence Trials Strategic Use of the Cycle of Violence

15. + Expert Witnesses in Domestic Violence Trials Strategic Use of Power and Control

16. + Use of hypothetical facts Would it surprise you to learn that …? Would you change your opinion if you knew …? Personally invasive questions Expert Witnesses in Domestic Violence Trials Difficult Questions

17. + Simple, clear, compelling language Relatable metaphors Sound bites vs. full explanation Be thorough and accurate  Don’t hesitate to say “I don’t know” or “that is beyond my expertise”  Determine with counsel beforehand whether it is better to bring documentation as a reference If you expect to refer to academic literature or studies, review them before your testimony so that you can cite it accurately Expert Witnesses in Domestic Violence Trials Elements of “Successful” Testimony

18. + Answer the questions asked  Ask for clarification when a question is confusing  Pause and think if you need to before responding Have a conversation, that is, teach your audience Don’t battle during cross examination  Be calm—don’t lose your composure  Expert’s job is to inform the court/jury so they can make decisions  Understand that opposing counsel may use the power and control model to divert you Make eye contact with jury Expert Witnesses in Domestic Violence Trials Considerations of Expert Testimony

19. + Expert Witnesses in Domestic Violence Trials Tips for Expert Testimony Do not fake answers Decline to attempt answers beyond your knowledge/experience Professionalism  Attire is important  Demeanor is important  Use appropriate salutations and titles

20. + Preparation time needed Type of expertise needed? Do you have the expertise? Review of documents? Which documents? With or without a written report? With or without interviewing the client? Or collaterals? Expectations of court testimony? Trial date, schedule? Expert Witnesses in Domestic Violence Trials For Experts: Considerations Before Taking a Case

21. + Expert Witnesses in Domestic Violence Trials In the End… Be confident Your contribution is valuable and valued You can provide a voice for those who feel unheard Your information may protect others in the future

22. + Contact IDVSA Noël Bridget Busch-Armendariz, PhD, LMSW, MPA nbusch@austin.utexas.edu Melissa Hamilton, JD, PhD mhamiltonp@att.net

23. + Contact IDVSA IDVSA Website: http://www.utexas.edu/ssw/cswr/institutes/idvsa/