NCJ Number
41552
Journal
American Journal of Criminal Law Volume: 5 Issue: 2 Dated: (MAY 1977) Pages: 151-214
Date Published
1977
Length
64 pages
Annotation
REITERATING THE NEED FOR STANDARDS FOR ACCEPTABLE EXPERT TESTIMONY IN DETERMINING THE STATE OF A DEFENDANT'S HEALTH, THE AUTHOR PRESENTS SUGGESTIONS FOR GUIDELINES THAT COULD BE ESTABLISHED FOR ADMITTING SUCH EVIDENCE.
Abstract
THE PROPOSED STANDARDS WOULD BE APPLICABLE TO ANY OFFER OF OPINION TESTIMONY AS TO THE 'DANGEROUSNESS' OF A PERSON. BECAUSE OF THE CRITICAL PROBLEMS CREATED BY THE RECENT REVIVAL OF THE DEATH PENALTY, EMPHASIS IS PLACED UPON TESTIMONY LIKELY TO BE OFFERED IN CAPITAL SENTENCING PROCEEDINGS. AN EXAMPLE OF MENTAL HEALTH TESTIMONY IN A TEXAS DEATH PENALTY CASE IS REVIEWED. ALSO EXAMINED IS WHAT THE AUTHOR TERMED THE FAILURE OF THE SUPREME COURT TO GIVE THIS TESTIMONY ANYTHING APPROACHING CRITICAL SCRUTINY. (AUTHOR ABSTRACT MODIFIED)...KAP