Ethics, Communication and Testimony in Court
Ética, Comunicação e Testemunho em Tribunal
Course code:8059331
Alexandre Luís de Matos Botica Cortes Quintas
Learning outcomes of the curricular unit:
At the end of the course students should be able to:
- Identify the role of a forensic expert in the judicial decision
- Characterize the aspects that determine the judicial decision
- Define the core aspects of forensic expertise
- Characterize the ethical aspects that determine the work of a forensic expert
- Characterize the importance of expert testimony in court
- Define good practice in providing the expert in court
- Identify the functions of interpersonal communication and behavior change
- Communicate information, ideas, problems and solutions to diverse audiences, through oral and written presentation
- Demonstrate communication skills and techniques that facilitate reliable testimony
- Check the non-verbal communication in stressful situations
- Use the power of argument in defence of testimony
- Respect the importance of ethical principles and ethical conduct related to its code in different contexts (eg. research, expert evaluation, presentation of testimony in court and education)
Syllabus:
- The Functioning of the Justice System and the Judicial Decision
- Expert evidence, associated legal aspects
- Main aspects in carrying out a forensic examination
- The expert and his testimony: good practices
- Testimony in court as a process of interpersonal communication
- Non-verbal communication: human face; gestures and body postures; use of spaces and their symbology; proxemia and nonverbal communication; voice and psychosocial impact
- Strategies to manage stress and anxiety in potentially conflictive situations
- Communication aspects to take into account: personal testimony; and reconstitution of the crime scene; presentation of proof by recognition
- Communication and testimony process in court: guidelines and communication tool
- Qualities of expert witness testimony in court
- The codes of ethics of the professionals of the forensic and criminal sciences: code of ethics and specificities of the contexts of intervention; neutrality; confidentiality of data; forensic expertise and conflicts of interest; research, assumptions and ethical implications; protection of personal data
Suggested Bibliography:
- Beauchamp TL & Childress JF (1989) Principles of Biomedical Ethics, Oxford: Oxford. ISBN-10: 0195335708
- Jesus FM (2011) Meios de Obtenção da Prova em Processo Penal, Colecção Monografias, Coimbra: Almedina. ISBN: 9789724044286
- Lazarus R (1999) Stress and emotion - a new synthesis, London: Free Association Books. ISBN: 9780826102614
- Bowen T (2017) Ethics and the Practice of Forensic Science, 2nd ed.International Forensic Science and Investigation. New York: CRC Press. ISBN-13: 978-149877713
- Bowers CM (2014) Forensic Testimony: Science, Law and Expert Evidence. Oxford: Academic Press. ISBN-13: 978-0123970053