NCJ Number
140776
Journal
Criminal Justice Journal Volume: 14 Issue: 2 Dated: (Fall 1992) Pages: 345- 384
Date Published
1992
Length
40 pages
Annotation
The psychiatric reference manual, Diagnostic and Statistical Manual of Mental Disorders, has served an important role in the criminal justice system and will probably become increasingly useful as new psychiatric theories or syndromes are scientifically and systematically defined and asserted in legal cases.
Abstract
First published by the American Psychiatric Association in 1952, the manual was not originally intended to be the recognized basis for testimony by expert witnesses. However, it has involved into the main guide cited in published opinions involving forensic testimony. Despite concern that the law would become overly influenced by psychiatry, the legal recognition of specific disorders has not changed the existing principles of criminal responsibility. Care must be used to balance the need for admissibility of the testimony against the need to protect the defendant's right to a fair trial. In addition, the opposing attorney can use the terms and criteria from the manual when cross-examining the expert, thus preventing the jury from over-valuing the testimony of the psychiatric expert witness. Furthermore, the manual provides a common language that can aid the jury, the judge, attorneys, and experts in considering complex testimony. Thus, the manual is useful to the criminal justice system and will probably become more so. Footnotes