THE PSYCHOLOGIST AS EXPERT WITNESS IN COURT: A COMPARATIVE APPROACH

Abstract

The earliest description of the role of expert evidence in common law courts is to be found in the case of Buckley v Rice Thomas 1 . Experts in the form of medical doctors appear to have first been called upon to advise judges at the Old Bailey 600 years ago, but it was not until around 1620 that a jury was furnished with expert testimony for the first time. By 1721, there was the first challenge to an expert witness (a surgeon) testifying for the prosecution by another expert testifying on behalf of the defendant2 . However, it was not until the later part of the 18th century that the role of expert witness was finally shaped, as counsel came to participate more and more in questioning and cross-examining expert witnesses.3 This study concentrates on the role of the psychologist as expert witness given the impact of psychology on human behaviour.