Critical Evaluation of Court Case
Kwame Danquah
Argosy University
Professional & Ethical Issues in Forensic Psych
FP6500
Dr. Cronin, Christopher
December 6th, 2017
Expert Witnesses and Ethics
In the case regarding Commonwealth of Virginia against Richard Allen, two licensed psychologists Dr. Boggio and Dr. Foley were referenced as expert witnesses. Dr. Boggio gave his testimony based on the mandated tests and interviewing the defendant Richard Allen. He seems to have a deeper psychological insight and exclusive knowledge about Allen. Several ethical aspects can be drawn from Dr. Boggio’s testimony about the defendant. First, Dr. Boggio was ethically correct in agreeing to the multiple relationships as an expert witness to a third party and
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It was also unethical for Dr. Boggio to give his personal opinions without basing them on tested facts about the defendant (APA, 2013). The fact that Dr. Boggio is testifying for the Commonwealth as opposed to his patient is indeed a violation of his professional ethics since it causes harm to the defendant and damages any professional relationship they may have before (APA, …show more content…
Commonwealth. This is because the minority accepted Allen’s expert witness, Dr. Foley to testify on behalf of the defendant since his therapist had sided with the accusers who was a violation of the defendant’s rights. There was also no clear evidence showing that Allen will probably commit a sexual offense once set free from jail. The Commonwealth was unable to provide clear proof that the defendant was a violent sexual offender as per the provisions made by Code § 37.1-70.1. The judgment from the trial court was well illustrated revealing that the ruling was not based on whose expert opinions were better than the other, in fact, the court acknowledged that both experts were well experienced and convincing. The judgment was based on the available evidence as per the statutory provision which and not based on the battling expert opinions. It is also important to note that both Dr. Boggio and Dr. Foley agreed on several issues such as the mental health disorder of the defendant. However, Dr. Boggio’s testimony seems more biased against the defendant while Dr. Foley focused extensively on understanding the defendant thereby solidifying his