A Jury's Ability to Accurately Detect Malingering, in a Defendant with a Traumatic Brain Injury, Based on Expert Witness Testimony

In an effort to obtain information about expert witness testimony, of both a Neurologist and Neuropsychologist, on jury verdict in cases involving a traumatic brain injury (TBI), this study examined a jury's ability to accurately detect malingering, jury verdict, and influence of specific expert witness testimony. The study also provided additional information regarding confidence level of verdict decision, and an overall view of the perception of individuals inflicted with a traumatic brain injury in a legal setting. A specialized survey was distributed to 30 participants via online forums. Statistical analysis revealed partial support of a layperson's ability to accurately detect malingering in cases involving a defendant with a TBI, however, verdict decision and the Neurologist testimony as being more influential, were not supported when analyzed individually. Supplemental analyses were conducted combining influence of testimony and verdict decision, and confidence level of verdict decision, and both results were significant. This research suggests that the influence of expert witness testimony impacts various factors involving jury decision in cases involving TBI. The influence of the Neuropsychologist or Neurologist testimony may be a critically weighted element in criminal proceedings, which would directly affect the outcome. There is much more research to be conducted in cases where traumatic brain injuries are a significant factor: it is necessary for both laypeople and legal professionals to understand the impacts, and affects resulting from a TBI.