Forensic audiology involves applying the knowledge on hearing science and audiology to legal issues. It is not considered as a sub-specialty in audiology, rather, it’s an application of expertise in acoustic, psychoacoustic and noise to work within the legal system. It covers a board spectrum of cases such as occupation or environmental noise, audibility, speech understanding, the effects of noise, pediatrics, central auditory processing and cochlear implants. Forensic audiology is often associated with working with an attorney, especially for cases that involve workers compensation, administrative law and constitutional law.
The audiologist’s responsibility in a forensic audiology case could involve acting as an expert witness in court to give professional opinion on their field of expertise. Audiologist could be called in during the discovery phase of a lawsuit to perform an independent medical exam pertaining to hearing loss, vestibular issues, or other areas within scope of practice to give professional opinion regarding the diagnosis, possible cause, extend of the injury, best course of treatment, and the patient’s maximum medical recovery. During the pretrial phase, attorneys submit trial briefs to inform the judge of the facts that will be proven, the audiologist’s expert report based on review of the records and complains would also be included. At times, this report could provide enough evidence for a judge to issue a summary judgement to exclude certain party from the lawsuit. Cases that may involve the
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audiologist to testify during a trial as an expert witness include: a termination case of a hearing impaired nurse working in a pediatric ICU, audiology testimony was given to determine whether she could hear the different alarms with her hearing aid; or in the case where six people killed in a fire in a high rise building, the case involved the question of why the security guards did not respond to emergency phone calls from people trapped in the stairwell. More often, the audiologist acts as an non-testifying expert to educate an attorney about understanding hearing test results or help generate questions to be posed to the opposition or conduct short experiments to supports the attorney’s idea. The key to being a good expert witness is summarized by the acronym FORENSIC (Friendly, Objective, Reputable, Enthusiastic, Neutral, Self-esteem, Integrity, Current) by the author.
The legal system is not requiring the testifying professional to be 100% certain, but the criterion is “a preponderance of evidence that is more likely than not. All reports should state that the opinion given is based on “a reasonable degree of audiological
certainty”.
Since the airing of the CSI: Crime Scene Investigation and the other televised series that followed have led jurors to compare fiction with reality. The shows have changed the view on the real world of forensic science as the series have a world of forensic science of their own. For this paper the televised series titled Bones by forensic anthropologist Kathy Reichs will be used as an example for comparison. In the series Bones Dr. Temperance Brenan arrives at the scene of the crime to examine the skeletal remains found in the scene of the crime equipped with one or more forensic kits. Upon momentarily examining the skeletal remains Dr. Brenan is able to determine the gender, ethnicity, and age. When this type of scenario is compared to nonfictional
There are certain standards that the courts use to determine competency. In order to find the accused competent, a court should find out by a preponderance of evidence that the defendant has remarkable ability to consult with his lawyer with a reasonable degree of rational indulgence. The def...
Frye v. United States and Daubert v. Merrell Dow Pharmaceuticals are both legal decisions that set forth standards as they pertain to the admissibility of scientific or forensic evidence, and the admissibility of expert witness testimony. Both cases deal with the admissibility of evidence in judicial proceedings, and prevent prosecutors from abusing the use of expert witnesses and testimony. Due to a loophole that dismisses recent scientific advances when applying the Frye Rule, the Supreme Court revisited Frye, and “took the occasion to issue guidelines for deciding the admissibility of scientific evidence” (Gaensslen, Harris, & Henry, 2008, p. 53). The decision resulted in a five-prong approach called the Daubert Standard.
In Anatomy of a Murder, there were four expert witnesses, Dr. Smith, Dr. Harcourt, Dr. Raschid, and Dr. Dompierre, who testified during the trial and gave their respected opinions based on their expertise about the evidence and stipulations raised. An expert witness is defined as a witness who has special knowledge or training in a specialized area (Gardner & Anderson, 2013, pg.123). The opinion of an expert witness may be admissible if the opinion is being given about a subject that can clear issues in the court. To determine whether or not the expert witness testimony is admissible, it must meet the requirements of the Federal Rules of Evidence 702-704. In addition to reviewing each of the three Federal Rules of Evidence, I reviewed each of the four expert witness testimonies and analyzed whether or not each testimony complied each Federal Rule of evidence.
Forensic Psychology is a specialized practice by psychologists in areas of clinical psychology, counseling psychology, school psychology, and neuropsychology. You will be engaged regularly as an expert and primarily proposed to offer professional psychological expertise to the judicial system.
Therefore, the criminal justice system relies on other nonscientific means that are not accepted or clear. Many of forensic methods have implemented in research when looking for evidence, but the methods that are not scientific and have little or anything to do with science. The result of false evidence by other means leads to false testimony by a forensic analyst. Another issue with forensic errors is that it is a challenge to find a defense expert (Giannelli, 2011). Defense experts are required to help the defense attorneys defend and breakdown all of the doubts in the prosecutors scientific findings in criminal cases. Scientific information is integral in a criminal prosecution, and a defense attorney needs to have an expert to assist he/she in discrediting the prosecution (Giannelli,
Costanzo, Mark, and Daniel Krauss. Forensic and legal psychology: psychological science applied to law. New York, NY: Worth Publishers, 2012. Print.
Fradella, H.F. (2006) Why judges should admit expert testimony on the unreliability of eyewitness testimony. Federal Courts Law Review. Retrieved from http://www.fclr.org/fclr/articles/html/2006/fedctslrev3.pdf
In order to understand Forensic Anthropology we must break it down into the components. According to Oxford American Dictionary the term Forensic is significant to the use of scientific methods to investigate a crime. Anthropology is defined by Oxford American Dictionary as the study of societies, cultures, and human origins. The combination of both, Forensic and Anthropology, consists of applying the principles which are introduced by Anthropologists to solving a crime. Forensic Anthropology is currently a small field but is expected to grow in the upcoming years due how it is being portrayed in books, television shows, classes, and many other resources. The usage of this field is becoming crucial because of how gruesome the crimes being committed by criminals are becoming. Although Forensic Anthropology is currently a small field it requires a lot of education, carries plenty of job responsibilities, and continues to aid in the solving of crimes.
Forensic Psychology, which is occasionally referred to as Legal Psychology, originally made its debut in the late 1800’s. A Harvard Professor, Professor Munsterberg, introduced the idea of psychology and law with his book, On the Witness Stand in 1908. Since the inception of the idea of psychology and law there have been proponents, as well as though that have spoken against the theories proposed by Munsterberg’s, along with other scientists, theorists, and psychologists that believed that Forensic Psychology had no standing to be linked to topics of law. This literature review will attempt to identify scholarly articles that trace the origins and the movement that led to Forensics Psychology becoming a specialty within the field of psychology. I will also attempt to explain What is Forensic Psychology as well as the part it plays within the legal system.
Evidence collection is a crucial part of forensics. Its reliability can be compromised by input bias from law
In order to pursue my dream as a Forensic Psychologists I am aware that I have to put in a lot of effort and determination in to school. There are various aspects to pursuing my career such as getting good grades, volunteering in police departments, networking, and doing an immense amount of research on my field. The career I chose requires a lot of my time not only as a student but as an adult. What I mean by this is that from now on, my time is devoted in to acquiring skills and changing my persona in order to be better qualified for the my job. Throughout this road map I will talk about what is a Forensic Psychologist, what are the requirements, skills necessary, what I could do with this degree, the personality types that are best suited for this job, and what are the prospects of moving up.
The topic I find such fascinating is Forensic Science and how forensic science has significantly changed over the years. “The area of forensic science has grown considerably over the last 150 years and more so since the mid 1980’s.” (Lyman, 2016) Forensic science has gone from taking basic information, and fingerprints to DNA and blood splatter. During a crime scene investigation evidence is collected, analyzed in a crime laboratory and then if needed are presented to the court. However, today the crime laboratory is becoming mobile and can go to the scene to analyze the evidence. Each crime scene and investigation is unique and distinctive, with the help of forensics it can help solve a case.
According to the American academy of forensic science, the forensic sciences form a vital part if the entire justice and regulatory system. Forensic science is an enticing career having to do with science and criminal justice, a large variety of schooling is needed to start this job Despite the fact that it can be a dangerous environment it can be an exciting profession to pursue. There are many different fields in forensic science that you can study or major in but they all have the same objectives.
Forensic psychology is an area of psychology that has been rapidly gaining popularity in recent years. Entertainment media’s fascination with the intersection of crime and psychology has fueled the growing interest in the field. According to Jane Tyler Ward, PhD, forensic psychology can be defined as psychology that “emphasizes the application of research and experimentation in other areas of psychology to the legal arena.” Although forensic psychology is popular right now, it was not until 1962 that a court case set the precedent that properly trained psychologists could provide expert testimony (Page 20). Additionally, forensic psychology was not APA (American Psychological Association) certified until 2001 (Page 16). The field of forensic