ROLE OF THE PSYCHIATRIST IN THE CRIMINAL JUSTICE SYSTEM

• NCJ Number: 50909
• Journal: CANADIAN PSYCHIATRIC ASSOCIATION JOURNAL Volume: 23 Issue: 3 Dated: (APRIL 1978) Pages: 137-142
• Author(s): E L GREENSPAN
• Date Published: 1978
• Length: 6 pages
• Corporate Author: Canadian Psychiatric Assoc
• Publication Format: Article
• Language: French; English
• Country: Canada
• Note: ADDRESS TO THE QUARTERLY STAFF MEETING OF THE CLARK INSTITUTE OF PSYCHIATRY, TORONTO, ONTARIO, APRIL 1977

Annotation

THIS ARTICLE EXPLORES THE RELATIONSHIP BETWEEN THE LAWYER AS ADVOCATES AND THE PSYCHIATRIST AS EXPERT WITNESS IN THE PLANNING OF LEGAL STRATEGY, WHENEVER A SANITY ISSUE IS PRESENT.

Abstract

BEFORE THE ROLE OF THE PSYCHIATRIST IN THE COURTS CAN BE UNDERSTOOD, THE PSYCHIATRIST MUST ACCEPT THE RULES OF THE ADVERSARY SYSTEM AND THE ROLE OF THE LAWYER IN THE JUDICIAL PROCESS. THE ADVERSARY SYSTEM PITS THE OPPOSING PARTIES, EACH FOR HIS OWN CAUSE, AGAINST EACH OTHER. THE LAWYER, AS ADVOCATE, IS ENTIRELY DEVOTED TO DEFENDING THE CLIENT'S RIGHTS AND INTERESTS. IT ENSURES A CONFLICT AND A STRUGGLE TO RESOLVE IT. THE PSYCHIATRIST, AS AN EXPERT WITNESS, IS EXPECTED TO DEFEND HIS STATUS, CLINICAL FACTS, AND PROFESSIONAL KNOWLEDGE AND TO JUSTIFY OPINIONS. BY IDENTIFYING HIMSELF WITH HIS EXPRESSED OPINION, THE PSYCHIATRIST BECOMES THE ADVOCATE OF THOSE OPINIONS, AND THUS CANNOT BE A NEUTRAL, IMPARTIAL WITNESS. BY LAW, TESTIMONY IS CONSIDERED TO BE OPINION, AND AS SUCH, MAY BE ATTACKED OR CONTRADICTED THROUGH CROSS-EXAMINATION. LAW JOURNALS AND FORENSIC PUBLICATIONS HAVE QUESTIONED THE VALIDITY OF PSYCHIATRIC DIAGNOSES BECAUSE OF THEIR INSUFFICIENT MEDICAL CERTAINTY. NO CORRELATION BETWEEN MENTAL ILLNESS AND DANGEROUS BEHAVIOR HAS BEEN PROVEN. AS A RESULT, THE PSYCHIATRIST'S ROLE IN MANY STUDIES INVOLVING COURT DECISIONS IS GENERALLY VIEWED AS UNRELIABLE TESTIMONY. NONETHELESS, THE FUNCTION OF THE PSYCHIATRIST IS TO PORTRAY THE DEFENDANT'S EMOTIONAL AND MENTAL STATES, HOW THESE AND THE INTELLECTUAL PROCESSES WORK, AND HOW THEY MIGHT AFFECT THE INDIVIDUAL'S CONTROL CAPACITY. A COMBINATION OF PSYCHIATRIC OPINIONS, RECOGNIZED FOR THEIR INEXACT NATURE, AND THE DEFENSE LAWYER'S CROSS-EXAMINATION, AIMED AT EXPLORING THE DEFINITIVENESS OF THOSE OPINIONS, SHOULD PREVAIL SO THAT RELEVANT LEGAL AND MEDICAL DETERMINATIONS CAN BE MADE WITHIN THE EXISTING JUDICIAL SYSTEM. NEITHER REFERENCES OR NOTES ARE PROVIDED. (JCP)