Adversarial Allegiance Among Expert Witnesses

Posted: 11 Nov 2015

See all articles by Daniel Murrie

Daniel Murrie

Associate Professor of Psychiatry & Neurobehavioral Sciences; University of Virginia (UVA) School of Law

Marcus T. Boccaccini

Sam Houston State University - Department of Psychology

Date Written: November 2015

Abstract

Can experts remain objective and accurate when one particular side in adversarial legal proceedings retains them? Despite long-standing concerns from the legal system and the general public, research has only recently explored whether experts can provide opinions unbiased by the side that retained them. This review addresses some of the factors that may cause disagreements between opposing experts. After summarizing recent field and experimental studies on mental health evaluations by forensic experts, we conclude that working for one side in an adversarial case causes some experts' opinions to drift toward the party retaining their services, even on ostensibly objective instruments and procedures. We call this process adversarial allegiance. The mechanisms that underlie adversarial allegiance among forensic experts are likely similar to the unconscious heuristics and cognitive biases that compromise judgment in a variety of other settings, but these will require further study to understand, and ultimately reduce, adversarial allegiance.

Suggested Citation

Murrie, Daniel and Boccaccini, Marcus T., Adversarial Allegiance Among Expert Witnesses (November 2015). Annual Review of Law and Social Science, Vol. 11, pp. 37-55, 2015, Available at SSRN: https://ssrn.com/abstract=2689013 or http://dx.doi.org/10.1146/annurev-lawsocsci-120814-121714

Daniel Murrie (Contact Author)

Associate Professor of Psychiatry & Neurobehavioral Sciences ( email )

Charlottesville, VA
United States
434-924-8308 (Phone)

University of Virginia (UVA) School of Law ( email )

United States

Marcus T. Boccaccini

Sam Houston State University - Department of Psychology

Huntsville, TX 77341
United States

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