Psychiatric Predictions and the Death Penalty: An Unconstitutional Sword for the Prosecution but a Constitutional Shield for the Defense

• NCJ Number: 120650
• Journal: Behavioral Sciences and the Law Volume: 7 Issue: 4 Dated: (Autumn 1989) Pages: 505-519
• Author(s): J Wyda; B Black
• Date Published: 1989
• Length: 15 pages
• Publication Format: Article
• Publication Type: Issue Overview
• Language: English
• Country: United States of America

Annotation

Psychiatrists and other mental health professionals are allowed by the Supreme Court to testify regarding capital defendants' propensity to future dangerousness.

Abstract

These predictions have been deemed unreliable by most scientific evidence. Juries deliberating capital cases will rely heavily on such testimony. The admission of this evidence is in violation of the safeguards mandated by the Supreme Court's own case law demanding that a capital jury's discretion be guided. The Court must structure a rule that does not infringe on the capital defendants' right to present evidence in mitigation that might implicate future dangerousness. 71 notes. (Author abstract modified)