By Robert I. Simon
Southern Methodist Univ., Dallas, TX. deals insights into the theoretical and useful elements of retrospectively making a choice on psychological states. Explores the function of the psychiatrist or psychologist as a professional witness in litigation, in rendering a retrospective judgement of an individual's psychological kingdom. DNLM: Forensic Psychiatry.
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Extra info for Retrospective Assessment of Mental States in Litigation: Predicting the Past
Example text
For the conviction of a crime, there must be not only a criminal state of mind (mens rea) but also the commission of a prohibited act (actus reus). The physical movement required to satisfy actus reus must be conscious and volitional. The automatism (or unconscious) legal defense recognizes that some criminal acts may be committed involuntarily. The example most often given is the individual who commits an offense while sleepwalking. Other mental or physical conditions that may apply include head injury, seizures, involuntary intoxication by drugs or alcohol, hypoxia, hypoglycemia, and dissociative disorders (Simon 1997).
The Court held that the Daubert “gatekeeping” obligation applies to all proffers of expert testimony, not only to “scientific” testimony. Federal Rule of Evidence 702 does not distinguish between scientific knowledge and “technical” or “other specialized” knowledge. Daubert referred only to scientific knowledge because of the nature of the expertise at issue in that case. Federal Rules of Evidence 702 and 703 grant all expert witnesses—not just scientific experts—testimonial latitude that is not available to other witnesses, on the assumption that the expert’s opinion will be based reliably on the knowledge and experience of his or her discipline.
In the evaluation of criminal responsibility, however, guilt or innocence of a defendant is a onetime determination, in contrast to the revisions in clinical opinion permitted by the ongoing treatment of a patient. Volitional capacity is a matter of degree, rarely fitting all-or-none legal categories. Some element of choice is usually present. Whether a defendant’s mental disorder interfered with his or her ability to conform conduct to the requirements of the law is a judgment call. Examiners’ theoretical orientations may influence their opinions on the degree of control associated with a particular diagnosis (American Psychiatric Association 1992).
