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ADVERSARY SYSTEM (FROM VIOLENCE - PERSPECTIVES ON MURDER AND AGGRESSION, 1978, BY IRWIN L KUTASH ET AL SEE NCJ-55020)

NCJ Number
55032
Author(s)
M PERLIN; R L SADOFF
Date Published
1978
Length
10 pages
Annotation
THE ROLE OF THE PSYCHIATRIST IN THE COURTROOM, PARTICULARLY VIS-A-VIS THE INSANITY DEFENSE, IS DISCUSSED.
Abstract
THE PSYCHIATRIST'S DUTIES IN PREPARING AND PRESENTING TESTIMONY IN CASES INVOLVING INSANITY DEFENSES FOR DEFENDANTS CHARGED WITH VIOLENT CRIMES ARE SPELLED OUT. PSYCHIATRISTS ARE REMINDED THAT, REGARDLESS OF WHICH SIDE VIEWS THEM AS ITS WITNESS, ONCE ON THE STAND THEIR ALLEGIANCE IS ONLY TO THE COURT. AS WITNESSES, PSYCHIATRISTS ARE NOT EXPECTEDD TO EXCUSE, JUSTIFY, OR EXCULPATE ACTIONS, BUT RATHER TO EXPLAIN AND THUS TO HELP OTHERS UNDERSTAND WHY THE VIOLENT BEHAVIOR IN QUESTION OCCURRED. THE LONGSTANDING TENSION BETWEEN PSYCHIATRY AND THE LAW AND THE TENDENCY FOR LAWYERS AND JUDGES TO BE HIGHLY SKEPTICAL OF TESTIMONY BY PSYCHIATRISTS AND OTHER BEHAVIORAL SCIENTISTS ARE DISCUSSED, AND REASONS BEHIND THE UNEASY RELATIONSHIP BETWEEN THE TWO DISCIPLINES ARE CONSIDERED. COURTS' DISINCLINATION TO FIND PERSONS CHARGED WITH VIOLENT CRIMES NOT GUILTY BY REASON OF INSANITY IS ATTRIBUTED TO THE FOLLOWING FACTORS: (1) THE OVERRIDING BELIEF THAT CRIMINALS MUST BE PUNISHED, DESPITE THE 'LAW OF INSANITY', (2) OVERASSERTION OF PUNITIVE ATTITUDES TOWARD LAWBREAKERS AS A REFLECTION OF COURT PARTICIPANTS' OWN INNER STRUGGLES AND EMOTIONAL DISEQUILIBRIUM; (3) COMBATANT ATTITUDES THAT SOMETIMES PREVAIL IN TRIALS; (4) A SIMPLE LACK OF UNDERSTANDING ABOUT THE INSANITY DEFENSE ON THE PART OF SOME LAWYERS AND JUDGES; (5) CONFLICTING FEELINGS (FEAR, AWE, ANGER, PROTECTIVENESS) ABOUT MENTAL ILLNESS; AND (6) A KIND OF PROFESSIONAL NARCISSISM THAT MAKES PSYCHIATRISTS RELUCTANT TO EXPOSE THEMSELVES TO CHALLENGES IN AN ARENA WHERE THEIR'S IS NOT THE FINAL AUTHORITY. THE MENTAL HEALTH AND LEGAL PROFESSIONS ARE URGED TO WORK TOGETHER TO ADDRESS THE ATTITUDES, UNCONSCIOUS MOTIVATIONS, AND UNARTICULATED FEARS THAT APPARENTLY ARE FAR MORE IMPORTANT FACTORS IN INSANITY DEFENSE LITIGATION THAN ANY SPECIFIC LEGAL INFORMATION. (LKM)

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