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Fact and Expert Witnesses
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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