NCJ Number
16960
Journal
LAW IN AMERICAN SOCIETY Volume: 3 Issue: 4 Dated: (NOVEMBER 1974) Pages: 3-10
Date Published
1974
Length
8 pages
Annotation
ADVOCATES EXPOSING UNDERLYING AMBIGUITIES HIDDEN BY CONCLUSIVE TESTIMONY OF PSYCHIATRISTS AS EXPERT WITNESSES SO THAT INCONCLUSIVE OPINIONS MAY BE SUBMITTED TO THE ADVERSARY PROCESS OF DECISION MAKING.
Abstract
THE AUTHOR ARGUES THAT PSYCHIATRISTS ABSOLUTIZE PERSONAL OPINIONS TO MAKE THEM FACTS IN TRIAL TESTIMONY WHEN UNCERTAIN OR CONTROVERSIAL EVALUATIONS SHOULD BE EXPOSED TO THE COURT FOR CONCLUSIONS TO BE FORMED IN THE TRIAL ARENA. WHEREAS PSYCHIATRISTS TEND TO ARGUE THAT MEDICAL AND SCIENTIFIC JUDGMENTS SHOULD BE RESOLVED BY THE INDIVIDUAL EXPERT OR PROFESSIONAL COUNCILS PRIOR TO TRIAL TESTIMONY, THE AUTHOR MAINTAINS THAT THE FINAL DECISION, EVEN IN SPECIALIZED AREAS OF KNOWLEDGE, SHOULD BE SUBMITTED TO THE ADVERSARY PROCESS AND DETERMINED BY THE COURT.