PRETRIAL MENTAL EXAMINATIONS - COMPELLED COOPERATION AND THE FIFTH AMENDMENT

• NCJ Number: 6986
• Journal: American Criminal Law Review Volume: 10 Issue: 3 Dated: (SPRING 1972) Pages: 431-464
• Author(s): S L LEFELT
• Date Published: 1972
• Length: 34 pages
• Corporate Author: American Bar Assoc.
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

DISCUSSION ON THE CONSTITUTIONALITY OF REQUIRING A CRIMINAL DEFENDANT TO SUBMIT TO PRETRIAL MENTAL TESTING AS A CONDITION TO HIS RAISING THE DEFENSE OF INSANITY.

Abstract

A DEFENDANT IN A CRIMINAL TRIAL WHO WISHES TO RAISE THE DEFENSE OF INSANITY IN CONJUNCTION WITH HIS PLEA OF NOT GUILTY IS OFTEN REQUIRED TO SUBMIT TO A PRETRIAL MENTAL EXAMINATION UNDER THE THREAT OF FORFEITING HIS INSANITY DEFENSE. UNFORTUNATELY, DISCLOSURES MADE BY DEFENDANTS TO STATE-APPOINTED PSYCHIATRISTS PURSUANT TO THE ABOVE REQUIREMENT OFTEN LEAD TO THE ADMISSION INTO EVIDENCE OF INCRIMINATING STATEMENTS THAT COULD NOT HAVE BEEN OBTAINED OTHERWISE - A DIRECT VIOLATION OF DEFENDANT'S PRIVILEGE AGAINST SELF-INCRIMINATION. THIS ARTICLE EXAMINES THE APPLICABILITY OF THE FIFTH AMENDMENT PRIVILEGE AGAINST SELF-INCRIMINATION TO COMPELLED PRETRIAL EXAMINATIONS IN LIGHT OF RECENT STATE AND FEDERAL COURT DECISIONS, AND SEEKS TO REFUTE THE TRADITIONAL DOCTRINE THAT COMPELLED MENTAL EXAMINATIONS DO NOT PER SE VIOLATE THE ACCUSED'S FIFTH AMENDMENT RIGHTS.