NCJ Number
55874
Date Published
1978
Length
11 pages
Annotation
THIS ARTICLE CONSIDERS ATTORNEY'S USE OF THE PSYCHIATRIC EXPERT WITNESS ,CONCENTRATING ON THE ROLE AND FUNCTION OF THE WITNESS IN THE PRESENTATION OF THE INSANITY DEFENSE.
Abstract
THE PSYCHIATRIST AS EXPERT WITNESS MUST BE VIEWED AS HAVING THE ABILITY TO KNOW AND COMPREHEND HUMAN BEHAVIOR BUT LACKING PRECISE MEASUREMENTS AND UNIVERSALLY AGREEE ON THEORIES. SPECIFIC POINTS OF A DEFENDANT'S PERSONALITY WHICH ARE RELEVANT TO AN INSANITY DEFENSE MAY BE PRESENTED DURING DIRECT TESTIMONY; DEFICIENCIES IN THE TESTIMONY SHOULD BE RECOGNIZED IN ADVANCE. NO PSYCHIATRIST CAN COMPLETELY ANSWER THE ISSUE OF DEFENDANTS' DANGEROUSNESS OR PREDICT THEIR FUTURE BEHAVIOR, BUT PRESENT DATA AND PAST PATTERNS OF BEHAVIOR MAY BE USED TO PROVIDE COURTS WITH A MORE INFORMED FINDING. THE PSYCHIATRIST CANNOT PROVIDE THE LEGAL JUDGMENT OF INSANITY, BUT CAN CONTRIBUTE INFORMATION AS TO THE LEGAL COMPONENTS OF INSANITY. FINDINGS MAY BE PRESENTED AS TO THE QUALITY OF THE DEFENDANT'S REASONING AND TO HIS OR HER UNDERSTANDING OF 'RIGHT' AND 'WRONG' UNDER VARIOUS LEGAL TESTS OR THE MODEL PENAL CODE. THE ATTORNEY MUST SUBSEQUENTLY CONVINCE THE JURY OF THE VALUE OF THE EXPERT BOTH IN PROVIDING EVIDENCE AND AS HAVING GREATER CREDENCE THAN THE OPPOSING EXPERTS. REFERENCES ARE PROVIDED. (TWK)