NCJ Number
55873
Date Published
1978
Length
43 pages
Annotation
THIS ARTICLE ADVOCATES THE USE OF A QUALIFIED CLINICAL PSYCHOLOGIST IN ALL INSANITY DEFENSE CASES. EXCERPTS FROM A TRIAL TRANSCRIPT DEMONSTRATING THE EFFECTIVE TESTIMONY OF SUCH AN EXPERT ARE PRESENTED.
Abstract
BECAUSE PSYCHIATRY IS AN ACCEPTED MEDICAL SPECIALTY, AND BECAUSE A LICENSED PSYCHIATRIST POSSESSES SUPERFICIALLY IMPRESSIVE CREDENTIALS, PROSECUTORS FREQUENTLY RELY ON THESE EXPERTS TO CHALLENGE DEFENSE OF INSANITY. THE DEFENSE COUNSEL. HOWEVER, MAY USE THE ALTERNATIVE SERVICES OF A CLINICAL PSYCHOLOGIST TO PRESENT TESTIMONY WHICH IS BETTER SUITED TO COURTROOM EVALUATION OF CRIMINAL RESPONSIBILITY THAN IS THE TESTIMONY OF THE PSYCHIATRIST. THE FIELD OF PSYCHOLOGY HAS THE POTENTIAL FOR PROBING DEEPER INTO THE PSYCHE OF A PATIENT-DEFENDANT THAN DOES THE PSYCHIATRIC TECHNIQUES OF SUBJECTIVE INTERVIEWING. MOREOVER, THE RESULTS OF PSYCHOLOGICAL TESTS CAN BE COMPARED AGAINST HISTORICAL RESULTS, AND CAN BE SCORED ON THE BASIS OF OBJECTIVE STANDARDS THAT OUTWEIGH THE FINDINGS OF A PSYCHIATRIST'S SINGLE INTERVIEW. WHEN PROBED AS TO THE BASIS FOR HIS FINDINGS, THE PSYCHIATRIST IS FORCED TO RELY ON HIS OPINION AND IMPRESSIONS; IN CONTRAST, A PSYCHOLOGIST CAN GRAPHICALLY EXHIBIT THE TEST SCORES OF THE DEFENDANT AGAINST TANGIBLE NORMS. THE TESTIMONY OF THE PSYCHOLOGIST, BY NOT DEPENDING UPON ELABORATE JARGON, IS MORE UNDERSTANDABLE AND MORE PERSUASIVE TO THE JURY. THE VALUE OF THE CLINICAL PSYCHOLOGIST IS ILLUSTRATED IN THE APPENDED TRIAL TRANSCRIPT. (TWK)