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"The Fallacy of the Impartial Expert" revisited
1Yale Law School, New Haven, CT 06520.
The Bulletin of the American Academy of Psychiatry and the Law
|January 1, 1992
Summary
Expert witness impartiality is a myth, challenging legal and forensic psychiatry practices. Revisions are needed to emphasize expert honesty and transparency regarding knowledge limits and underlying assumptions.
Area of Science:
- Forensic Psychiatry
- Legal Psychology
Background:
- Revisiting Bernard Diamond's "Fallacy of the Impartial Expert" editorial.
- Examining the assertion that expert witness objectivity is largely a myth.
Discussion:
- The inherent biases and assumptions in expert witness testimony.
- The ethical obligations of forensic psychiatrists.
- The need for transparency regarding the limits of scientific knowledge.
Key Insights:
- Expert witnesses, particularly in forensic psychiatry, are not truly impartial.
- The objectivity of expert witnesses is a pervasive myth.
- Current guidelines may not adequately address the non-impartial nature of experts.
Outlook:
- Revision of the American Academy of Psychiatry and Law's Guidelines for the Practice of Forensic Psychiatry.
- Increased emphasis on experts disclosing the extent and limits of their knowledge.
- Mandating transparency about the factual, scientific, and value-based assumptions underlying expert opinions.
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