1st Edition

Principles and Practice of Trial Consultation

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ISBN 9781606231739
Published July 7, 2009 by Guilford Press
226 Pages

USD $46.00

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Book Description

A pragmatic guide to a growing area of professional practice, this book describes the multiple roles of the trial consultant and provides tools for carrying them out competently and ethically. Leading authority Stanley Brodsky uses examples from actual trials and depositions to illustrate how knowledge and skills from psychology and related fields are applied in the legal context. He shows how to use scientific methods and findings to assist with jury selection, help attorneys focus their arguments, prepare witnesses for the rigors of cross-examination, and conduct change of venue evaluations. The examples are drawn from a wide range of civil and criminal cases. In addition to behavioral scientists, legal professionals also will find important insights and strategies in this book.

Table of Contents

I. Essential Issues in Trial Consultation

1. Introduction to Trial Consultation

2. The Case Conceptualization

3. Toolbox for Trial Consultants

II. Preparation of Witnesses and Attorneys

4. Witness Preparation for Testifying in Court

5. Preparation and Examination of Expert Witnesses

6. Witness Preparation: Findings from the Lab

III. Jury Selection Principles and Case Studies

7. Jury Selection: Basic Approaches

8. Jury Selection: Internet Sex Offenders and Juror Sexual Values

9. No Questions but Deselection Questions

10. Jury Selection: Reversals

IV. Changes of Venue

11. Change of Venue Consultations

12. Surveys of Pretrial Bias: A Case Report

V. Putting It Together

13. Trial Consultation in a Capital Murder Case: Integrating the Components of Trial Consultation

14. Trial Consultation in Eminent Domain Cases

15. Where Next for Trial Consulting?: Emerging Trends and Limitations

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Stanley L. Brodsky, PhD, is Professor of Psychology at The University of Alabama in Tuscaloosa, where he coordinates the Psychology-Law PhD concentration. He is the author of over 200 articles and chapters and 12 books, including Testifying in Court, a bestseller; The Expert Expert Witness; and Coping with Cross-Examination. Dr. Brodsky received the 2006 Distinguished Contributions to Psychology and Law Award from the American Psychology-Law Society, an award given on only seven other occasions. Previous recipients include former U.S. Attorney General Janet Reno and Supreme Court Justice Harry Blackmun. He is also a recipient of the Distinguished Contributions to Forensic Psychology Award from the American Academy of Forensic Psychology. Dr. Brodsky maintains an independent practice in trial consultation and forensic psychology.


One of the few books to present an overview of important techniques available to trial consultants from both a practical and research perspective. Brodsky does what he does best, combining research knowledge, practical experience, and personal insights in a concise, focused style. The combination of case examples and detailed descriptions of techniques and practices makes this book a user-friendly and valuable read.--Nancy L. Ryba, PhD, Department of Psychology, California State University, Fullerton

Brodsky has done it again. Nobody writes with more simple elegance and clarity about complicated and sophisticated issues in psychology and law. As the art and science of trial consultation matures, this book marks a true developmental milestone.--Joel A. Dvoskin, PhD, past president, American Psychology-Law Society; Department of Psychiatry, University of Arizona
The most thoughtful and insightful book about trial consultation that I have ever read. This book is both approachable and scholarly, anecdotal and analytical. It gives the reader new understandings of the full range of substantive issues about which a trial consultant must develop expertise, and does so with humor, humility, and passion. For those interested in this important topic, this is 'must' reading.--Michael L. Perlin, JD, Director, International Mental Disability Law Reform Project and Online Mental Disability Law Program, New York Law School
-_x000D_This book is a worthy read for trial attorneys and consultants....This book has a handful of excellent and practical insights into effective consultation....Brodsky provides a unique but important chapter on 'reversals' or non-obvious findings about potential jurors in a particular case that provide 'compelling reasons to deselect exactly the jurors one would want to keep in conventional trials'....This book includes an intriguing consideration of emerging consulting trends and challenges....Brodsky's tone is reflective and refreshing. You will appreciate his voice....A valuable addition to the trial advocacy library. It clearly answers critical questions directed to the trial consulting field while simultaneously providing practical guidance for working consultants and trial attorneys.--The Jury Expert, 5/6/2009ƒƒ_x000D_“Informative, entertaining….[An] excellent addition to the forensic literature.”--Journal of the American Academy of Psychiatry and the Law Online, 9/1/2013ƒƒ
A leading forensic psychologist famed for his trilogy on expert witnessing....Brodsky writes in his usual clear and easy-to-read style, with practical guides to consulting in an empirically based and ethical manner. The book is of particular relevance to psychologists because of its treatment of surveys and measures, witness preparation, jury selection, research, and other activities that are the natural domain of trained behavioral professionals....Brodsky captures the readers' attention with sensational details about serial killers, police brutality, racial bigotry, and high-profile proceedings like those involving the Oklahoma City bombing and Kobe Bryant. No one can claim to be bored with his storytelling....Brodsky is the quintessential trial consultant, sharing astute observations, insightful lessons from past cases, and the high personal standards he espouses....Aspiring trial consultants and others interested in legal work will find this book an excellent and useful resource.
--PsycCRITIQUES, 5/6/2009